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Full text of "North Carolina Register v.5 no. 23 (3/1/1991)"

'/ / M (£) / 



The 
NORTH CAROLINA 

REGISTER 



IN THIS ISSUE 




CORRECTION 

Medical Examiners, Bd. of 

EXECUTIVE ORDER 

FINAL DECISION LETTER 

PROPOSED RULES 

Administration 

Cosmetic Art Examiners 

Environment, Health, and Natural Resources 

Human Resources 

Mortuary Science, Bd. of 



Public Education 

Real Estate Commission 

State Personnel 



RECEIVED 

RAR 5 199J 



ARRC OBJECTIONS 

RULES INVALIDATED BY JUDICIAL DECISION 

ISSUE DATE: MARCH 1 , 1991 
Volume 5 • Issue 23 • Pages 1323-1366 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published bi-monthly 
and contains information relating to agency, executive, 
legislative and judicial actions required by or affecting 
Chapter 150B of the General Statutes. All proposed, ad- 
ministrative rules and amendments filed under Chapter 
150B must be published in the Register. The Register 
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State law requires that a copy of each issue be pro- 
vided free of charge to each county in the state and to 
various state officials and institutions. The North Carolina 
Register is axailable by yearly subscription at a cost of 
one hundred and fi\e dollars ($105.00) for 24 issues. 

Requests for subscriptions to the North Carolina 
Register should be directed to the Office of Ad- 
ministrative Hearings, P. O. Drawer 27447, Raleigh, N. 
C. 27611-7447, Attn: Subscriptions. 

ADOPTION, AMENDMENT, AND REPEAL OF 
RULES 

An agency intending to adopt, amend, or repeal a rule 
must first publish notice of the proposed action in the 
North Carolina Register. The notice must include the 
time and place of the public hearing; a statement of how 
public comments may be submitted to the agency either 
at the hearing or otherwise; the text of the proposed 
rule or amendment; a reference to the Statutory 
Authority for the action and the proposed effective date. 

The Director of the Office of Administrative Hearings 
has authority to publish a summary, rather than the 
full text, of any amendment which is considered to be 
too lengthy. In such case, the full text of the rule con- 
taining the proposed amendment will be available for 
public inspection at the Rules Division of the Office of 
Administrative Hearings and at the office of the pro- 
mulgating agency. 

Unless a specific statute provides otherwise, at least 
30 days must elapse following publication of the pro- 
posal in the North Carolina Register before the agency 
may conduct the required public hearing and take ac- 
tion on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency 
must file any adopted or amended rule for approval by 
the Administrative Rules Review Commission. Upon ap- 
proval of ARRC, the adopted or amended rule must be 
filed with the Office of Administrati\e Hearings. If it 
differs substantially from the proposed form published 
as part of the public notice, upon request by the agen- 
cy, the adopted version will again be published in the 
North Carolina Register. 

A rule, or amended rule cannot become effecti\'e 
earlier than the first day of the second calendar month 
after the adoption is filed with the Office of Ad- 
ministrative Hearings for publication in the NCAC. 

Proposed action on rules may be withdrawn by the 
promulgating agency at any time before final action is 
taken by the agency. 

TEMPORARY RULES 

Under certain conditions of an emergency nature, 
some agencies may issue temporarA- rules. A temporary 
rule becomes effecti\e when adopted and remains in 



effect for the period specified in the rule or 180 day 
whichever is less. An agency adopting a temporary rul 
must begin normal rule-making procedures on the pe 
manent rule at the same time the temporary rule 
adopted. 

NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) 
a compilation and index of the administrative rules c 
25 state agencies and 38 occupational licensing board 
The NCAC comprises approximately 15,000 letter sizi 
single spaced pages of material of which approximat 
ly 35% is changed annuallv. Compilation and public; 
tion of the NCAC is mandated by G.S. 150B-63(b). 

The Code is divided into Titles and Chapters. Eac 
state agency is assigned a separate title which is fu 
ther broken down b\' chapters. Title 21 is designate 
for occupational licensing boards. 

The NCAC is available in two formats. 

(1) Single pages may be obtained at a minimui 
cost of two dollars and 50 cents ($2.50) for 1 
pages or less, plus fifteen cents ($0.15) per eac 
additional page. 

(2) The full publication consists of 53 \'olume 
totaling in excess of 15,000 pages. It is su 
plemented monthly with replacement pages 
one year subscription to the full publication i 
eluding supplements can be purchased fc 
seven hundred and fifty dollars ($750.00). I 
dividual volumes may also be purchased wit 
supplement service. Renewal subscriptions fc 
supplements to the initial publication availabl 

Requests for pages of rules or volumes of the NCA 
should be directed to the Office of Administrati 
Hearings. 

NOTE 

The foregoing is a generalized statement of the pr 
cedures to be followed. For specific statutory languag 
it is suggested that Articles 2 and 5 of Chapter 150B 
the General Statutes be examined carefully. 

CITATION TO THE NORTH CAROLINA 
REGISTER 

The North Carolina Register is cited by \'olume, issu 
page number and date. 1:1 NCR 101-201, April 1, 19J 
refers to Volume 1, Issue 1, pages 101 through 201 
the North Carolina Register issued on April 1, 1986 



North Carolina Register. Published bi-monthly by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Statutes. Subscriptions 
one hundred and five dollars ($105.00) per year 

North Carolina Administrative Code. Published in 
looseleaf notebooks \sith supplement service by the 
Office of Administrative Hearings, P.O. Drawer 27447, 
Raleigh, North Carolina 27611-7447, pursuant to 
Chapter 150B of the General Satutes. Subscriptions 
seven hundred and fifty dollars ($750.00). Individual 
\olumes a\ailable. 



NORTH 
CAROLINA 
REGISTER 



ISSUE CONTENTS 




Office of Administrath'e Hearings 

P. O. Drawer 27447 

Raleigh, ^C 27611-7447 

(919) 733 - 2678 



Julian Mann III, 

Director 
James R. Scarcella Sr., 

Deputy Director 
Molly Masich, 

Director APA Services 



Staff: 

Ruby Creech, 

Publications Coordinator 
Teresa Kilpatrick, 

Editorial Assistant 
Jean Shirley, 

Editorial Assistant 



I. CORRECTION 

Medical Examiners, Bd. of 1323 

II. EXECUTIVE ORDER 

Executive Order 1326 

III. FESAL DECISION LEITER 

Voting Rights Act 1327 



IV. PROPOSED RULES 
Administration 

Auxiliary Ser\'ices 1328 

Environment, Health, and 

Natural Resources 

Environmental Management.... 1329 

Wildlife Resources 

Commission 1334 

Human Resources 

Medical Assistance 1328 

Licensing Boards 

Cosmetic /Vrt Examiners 1335 

Mortuary Science, Bd. of 1337 

Real Estate Commission 1341 

Public Education 

Elementary- and Secondar>' 

Education 1334 

State Personnel 

Office of State Personnel 1347 

V. ARRC OBJECTIONS 1358 

VI. RULES rSV ALIDATED BY 

JUDICIAL DECISION 1361 

VII. CUMULATIVE INDEX 1363 



NORTH CAROLINA REGISTER 

Publication Schedule 

(April 1990 - December 1991) 



Issue 


Last Day 


Last Day 


Earliest 


+ 


Date 


for 


for 


Date for 


Earliest 




Filing 


Electronic 


Public 


Effective 






Filing 


Hearing & 
Adoption by 
Agency 


Date 


++**++++ 


*+++♦+++ 


++*+*+++ 


++*+++++ 


++++♦+++ 


04 02,90 


03 12 90 


03, 19 90 


05/0290 


08/01/90 


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03 23/90 


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08 01,90 


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05,31 90 


09 01,90 


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06 1490 


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05' 17 90 


07/01/90 


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05,24,90 


06 '01/90 


07,15/90 


10/01/90 


0702/90 


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06 18 90 


08.0190 


11 01/90 


07-16;90 


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08 15 90 


11 01 90 


08/01/90 


07 1 1 90 


07,18 90 


08/31/90 


12 01/90 


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08 01 90 


09 14/90 


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08 13 90 


08 20/90 


10 04/90 


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10 14 90 


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09 17 90 


10,31,90 


02'01/91 


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09,25,90 


10 02 90 


11 14 90 


0201/91 


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10/18 90 


11 30/90 


03/01/91 


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10/24 90 


10/31 90 


12 14,90 


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11,08,90 


ll'15/90 


01 02/91 


04/01/91 


12/14,90 


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11 '30 90 


01 13,91 


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12,07,90 


12' 14/90 


0201/91 


05/01,'91 


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12/2090 


12/31/90 


02,14/91 


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01 10 91 


0117/91 


03,03/91 


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0215 91 


03/31/91 


07/01/91 


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03 01 91 


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07'01'91 


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08 01/91 


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04,01/91 


05/15/91 


08/01/91 


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05, 31,' 91 


09/01/91 


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04 24 91 


05 01/91 


06 14/91 


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05 10 91 


05 17 91 


07 03 '91 


10/01/91 


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05 23 91 


05 31 91 


07/14 91 


10 01/91 


07/01 91 


06 10 91 


06 17 91 


07,31 91 


11 01/91 


07/15/91 


06 21 91 


06 28/91 


08/14,91 


11/01/91 


08/01,91 


07 11,91 


07' 18/91 


08/31/91 


12/01/91 


08/15,91 


07 25 91 


08 01 91 


09 14^91 


12/01 '91 


09 03,91 


08 12,91 


08 19 91 


10,03 91 


01 01 '92 


09/16 91 


08 23 91 


08 30 91 


10 16 91 


01 01 '92 


10/01/91 


09 10 91 


09 17,91 


10,31,91 


0201 92 


10/15,91 


09 24 91 


10/01/91 


11,14/91 


0201/92 


11/01/91 


10 11 91 


10 18/91 


12 01/91 


03 01/92 


11/15 91 


10 24 91 


10'31 91 


12 15/91 


03 01 92 


12 02 91 


11 07,91 


11/14 91 


01 01/92 


04 01/92 


12'16,91 


11/21/91 


1202/91 


01,15/92 


04,01,92 



* The "Earliest Effectii-e Date" is computed assuming that the public hearing 
and adoption occur in the calendar month immediately following the "Issue 
Date", that the agency files the rule with The Administrati\-e Rules Review 
Commission by the 20th of the same calendar month and that ARRC approves 
the rule at the next calendar month meeting. 



CORRECTION 



CHANGE OF HEARING LOCATION FOR THE NOTICE PUBLISHED IN THE NORTH 
CAROLINA REGISTER, VOLUME 5, ISSUE 20 ON PAGE 1222. 



TITLE 21 - OCCUPATIONAL LICENSING 
BOARD 

1\ otice is hereby given in accordance with G.S. 
1 508- 1 2 that the Board of Medical Examiners of 
the State of Morth Carolina intends to amend 
rule(s) cited as 21 NCAC 32L .000 J. .0005, and 
.0009. 

J he proposed effective date of this action is May 
I, 1991. 

1 he public hearing will be conducted at 6:30 
p.m. on March 13, 1991 at the Marriott RTP, 
4700 Guardian Drh'e, Morrisville, N.C. 



Co 



omment Procedures: Persons interested may 
present written or oral statements relevant to the 
actions proposed at a hearing to be held as indi- 
cated above. Written statements not presented at 
the hearing should be directed before March J, 
199 J, to the following address: Administrative 
Procedures, NC Board of Medical Examiners, 
1313 h'avaho Drive, Raleigh, NC 27609. 

CHAPTER 32 - BOARD OF MEDICAL 
EXAMINERS 

SLBCHAPTER 32L - APPROVAL OF 
PHYSICIAN ASSISTANTS 

.0001 DEFINITIONS 

The following definitions apply to this Sub- 
chapter: 

(1) "Physician Assistant or PA" means an 
auxiliary, paramedical person who functions 
at the direction of or under the supervision 
of a physician licensed by the Board and 
who performs tasks traditionally performed 
by the physician, such as history taking, 
physical examination, diagnosis, and treat- 
ment. 

(2) "Physician Assistant Applicant" means the 
individual upon whose behalf an application 
is submitted who may function before ap- 
proval by the Board in the same manner in 
which he functioned as a student under strict 
supervision as outlined in Rule .0002 of this 
Subchapter. 

(3) "Supervision" means the physician's func- 
tion of overseeing, managing, and directLng 



the medical acts performed by the PA as 
outlined in Rule .0009 of this Subchapter. 

(4) "Primary Supervising Physician" means the 
physician who, by signing the application to 
the Board, accepts full medical administra- 
tive responsibility for the PA's medical ac- 
tivities and conduct at all times whether he 
personally is providing supervision or 
supervision is being provided by a Back-up 
Supervising Physician. The Primary Super- 
vising Physician shall assume total responsi- 
bility to assure the Board that the PA is 
sufficiently qualified by education and train- 
ing to perform all medical acts required of 
the PA and shall assume total responsibility 
for the PA's performance in the particular 
field or fields in which the PA is expected to 
perform medical acts. 

(5) "Back-up Supervising Physician" means the 
physician who, by signing the appUcation to 
the Board, accepts the responsibility to be 
available to supervise the PA's activities in 
the absence of the Primary Supervising 
Physician only in the practice sites listed in 
the application approved by the Board. The 
Back-up Supervising Physician is responsi- 
ble for the activities of the PA only when 
he is providing supervision. 

(6) "Formulary" means the document which 
lists generic categories of drugs to be pre- 
scribed, ordered, or dispensed by physician 
extenders under written standing orders from 
the supervising physician for patient care in 
approved practice sites. 

(7) "Approved practice sites" means only those 
practice sites specifically listed in the ap- 
proved application on file in the Board's of- 
fice in which the PA may legally perform 
medical acts. 

Statutory Authority G.S. 90-J8(J3); 90-18.1. 

.0005 PRESCRIBING PRIVILEGES 

(a) The PA Applicant and the supervising 
physicians shall acknowledge in the apphcation 
that they are familiar with laws and rules of the 
Board regarding prescribing; and shall agree to 
comply with these laws and rules by incorporat- 
ing the laws and rules, including the Formulary, 
into their written standing orders. 

(b) The generic categories listed in the 
Formulary are based on the American Hospital 



5:25 NORTH CAROLINA REGISTER March I, 1991 



1323 



CORRECTION 



Formulan- Senice published by the .Ajnerican 
Society of Hospital Pharmacists. The Formular>' 
is adopted by reference by the Board as a part of 
this Rule in accordance with provisions of G.S. 
150B- 14(c). 

(c) The prescribing stipulations contained in 
these rules and in the Formulary apply to writing 
prescriptions, ordering the administration of 
medications in out-patient and inpatient settings, 
and dispensing medications. Approval to dis- 
pense must be obtained from the Board of 
Pharmacy. 

(d) Prescribing stipulations are as follows: 

(1) Controlled Substances: 

(A) No controlled substances (Schedules 2, 
2N, 3, 3N, 4, 5) defmed by the State and 
Federal Controlled Substances Acts may 
be prescribed, ordered, or dispensed. 

(B) Verbal orders given to the PA by the 
supervising physician for administration 
of a controlled substance to a specific pa- 
tient may be entered into the patient chart 
by the PA just as an RN may transcribe 
a physician's verbal order into a patient 
chart. 

Irirf ParL ' ntL ' ral Modications - X& parontoraJ 
pr e parations may be proscribijd. ordored, 
disponsod, ef adminiatured unloso under 
tbe order &f tfed oupor i iomg physician as 
set- forth ift -Subparagraph (3)( B) »f tfei* 
Rul e : V i 'ith t^ foUowmg e .ycaptions: 

(-A4 ln; . ulm: 

f^ Immunizations (DPT, MMR. Wt^r 

(€^ Tetanus toxoid, ©^ e* hyperimmune 
serum: 

f©-^ Fpinophrine; 

(©> Benadryl. 

(2) Parenteral Medications ^ 2^ parenteral 
preparations mav be prescribed, ordered, 
dispensed, or administered unless under 
the order of the super\'ising phvsician as 
set forth in Paragraph (d)(3)(B) of this 
Rule with the exception of those 
medications Usted on the I-ormular\' as 
allowed. 

(3) Excluded Drugs: 

(A) -Any pure form or combination of the 
generic classes of drugs listed in the 
Formulary may be prescribed, ordered, or 
dispensed, unless the drug or class of drug 
is listed as excluded from the Formularv'. 

{^ Drugs e xcluded by Ae FormulaP rr e^ 
ee^ controllod substances, may b« p»- 
scribed by i^ ftA eaJy upon specific 
■ . sritten (*f ' I ' e rbal orders from %^ super 
vising physicicm fef a sp e cific pati e nt given 
before th<* prescription »f order i* issued 
by ti*r* PAt Such a prescription ef order 



must be signed by Ae PA witfe a notation 
tfea* it t» issued ©» ifee specific order ef t^ 
supors'lsing physician. f^ example: 
Mary Smith, PA; eft order »f John Do e , 

(B) The PA may prescribe an excluded drug 
or class of drug only as foUows: 

(i) after the patient has been previously 
seen bv the super-'ising physician for 
initial treatment of that illness and a 
written order has been entered into the 
chart bv the physician for future treat- 
ment by the PA; or 

(ii) upon a specific u-ritten or verbal order 
obtained from the supervising phvsician 
before the prescription or order is issued 
bv the PA. 

(C) Such a prescription or order written as 
descnbed in Paragraph (d)(3)(B) of this 
Rule must be simed bv the PA with a 
notation that it is issued on the specific 
order of the supervismg physician. For 
example: Marv' Smith, PA, on order of 
John Doe. .M.D. 

(4) Refills - A prescription may not indicate 
a refill with the exception of birth control 
medications which may be issued for a 
period not to exceed one year. 

(5) Dosage Units - .Amount of drug pre- 
scribed, ordered, or dispensed can be no 
more than 100 dosage units or a one 
month supply with the exception of birth 
control medications which may be issued 
for a period not to exceed one year. 

(6) Prescription Notations - Everv' pre- 
scription must be noted on the patient's 
chart. A second prescription for the same 
medication may be authorized by tele- 
phone by the PA and must be entered on 
the patient's chart and countersigned by 
the supervising physician within the spec- 
ified countersigning time approved by the 
Board. 

(7) Prescribing Number - A prescribing num- 
ber is assigned by the Board to a PA upon 
approval by the Board. This number 
must appear on all prescriptions issued by 
the PA. The prescribing number is used 
as the PA's Approval Number. 

(8) Prescription Blank Format - .All pre- 
scriptions issued by a P.A should shall 
contain the name and telephone number 
of the supervising physician; the name, 
practice address, telephone number, and 
prescribing number of the PA, as well as 
all infoimation required by law. A sug- 
gested prescription format is included in 
the application packet. 



1324 



5:23 i\OR TH CA R OLINA REGIS TER March 1, 1991 



CORRECTION 



(9) Pre-signed Prescription Blanks - The 
supervising physician shall not leave pre- 
signed prescription forms for use by the 
PA. 



Statutory A uthority 
I50B-I4(c). 



G.S. 90-18(13); 90-18.1; 



.0009 SUPERVISION OF A PA 

Supervision shall be provided by the responsible 
physician as follows: 
(1) Availability: 
(a) The supervising physician shall be avail- 
able for direct communications by radio, 
telephone, or telecommunications. 
The supervising physician shall be avail- 
able on a regularly scheduled basis for re- 
ferrals of patients from the PA. 
A ftA shall rofor a patient te anothor 
health provid e r other than aft approv e d 
GupoFvising physician only »» the order 
ef aft approved supon'iping physician. 
Written Standing Orders: 
The supen'ising physician shall provide in 
each practice location, for use by the PA 
and for referral by other personnel, written 
standing orders and drug protocols to 
cover most commonly encountered prob- 
lems in the practice setting. 
The written standing orders shall include 
a predetermined plan for emergency ser- 
vices. 
The PA shall refer a patient to another 



(b) 



^ 



(2) 
(a) 



(b) 



(ci The PA 



(3) 
(a) 



(b) 



physician other than an approved super- 
vising physician only in accordance with 
written standing orders. 
Countersigning: 
The time interval between the PA's con- 
tact with the patient and chart review and 
countersigning by the supervising physi- 
cian shall be 72 hours. 
A longer countersigning time interval may 
be considered by the Board upon specific 
request. The request should explain the 



(c) 



(4) 
(a) 



practice circumstances which necessitate 
the longer countersigning interval. 
All entries by a PA into patient charts in 
all approved practice locations must be 
countersigned by the supervising physi- 
cian. Entries include but are not limited 
to: progress notes; treatment rendered; 
tests or procedures ordered; and notations 
of prescriptions or orders, and drugs dis- 
pensed or administered. 
Supervision Arrangements: 
If the PA is to perform duties away from 
the supervising physician, the application 
must clearly specify the circumstances 
which would justify this action and the 
supervisory arrangements established to 
protect the patient. 

Details must be submitted describing dis- 
tance, time, topography, physical charac- 
teristics, and communication abihty 
between the PA and the supervising phy- 
sician. 
Supervising Physicians: 
A physician in a graduate medical educa- 
tion program, whether fuUy licensed or 
holding only a resident's training license, 
cannot be named as a supervising physi- 
cian. 

A physician in a graduate medical educa- 
tion program who is also practicing in a 
non-training situation may supervise phy- 
sician assistants in the non-training situ- 
ation if fuUy Ucensed. 
) All physicians who may supervise the PA 
in any manner must be approved by the 
Board before PA supervision occurs. 
The PA must be prepared to demonstrate 
upon request to a member of the Board, or 
its delegates, the ability to perform the 
medical acts assigned by the supervising 
physician. 



Statulon' Authority G.S. 90-18(13). 



(b) 



(5) 
(a) 



(b) 



(c 



(6) 



5:23 NORTH CAROLINA REGISTER March I, 1991 



1325 



EXECUTIVE ORDER 



EXECUTIVE ORDER NUMBER 131 

AMENDMENT TO EXECUTIVE ORDER 

NUMBER 15 

JUVENILE JUSTICE PLANNING COMMITTEE 

WHEREAS, The Juvenile Justice Planning 
Committee was established by Executive Order 
Number 15 on June 28, 1985, and extended by 
Executive Order Number 94 on July 14, 1989; 
and 

WHEREAS, In order to meet the Federal guide- 
lines contained in the Federal Juvenile Justice 
and Delinquency Prevention Act of 1974, as 
amended, it is now necessary to alter the mem- 
bership requirements of that committee; 

THEREFORE, by authority vested in me as 
Governor by the laws and the Constitution of 
North Carolina, IT IS ORDERED: 

The first sentence of Executive Order Number 
15, Section L is amended to read: 

"The membership of the Juvenile Justice 
Planning Committee, an adjunct committee 
of the Governor's Crime Commission, shall 
consist of twenty-five (25) members selected 
as follows;" 

Section 1(b) of Executive Order Number 15 is 
amended to read as follows; 

"The following nine members shall be ap- 
pointed by the Secretary' of the Department of 
Crime Control and Public Safety and shall 
serve at his pleasure; 



i) a representative of a business group or a 
business that employs youth; 

ii) a representative of private organizations, 
including those with a special focus on 
maintaining and strengthening the family 
unit, or those representing parents or par- 
ent groups, or those concerned with de- 
linquency prevention and treatment and 
with neglected or dependent children, or 
those concerned with the quality of juve- 
nile justice, education, or social services 
for children; 

iii) a representative of an organization that 
utilizes volunteers to work with delin- 
quents or potential delinquents; 

iv) a representative of a community-based 
delinquency prevention or treatment pro- 
gram; 

v) a youth worker involved with alternative 
youth programs; 

vi) a person with special experience and 
competence in addressing the problems 
of the family, school violence and 
vandalism, and learning disabilities; and 

vii) three members under the age of 24, and 
who have been or are currently under the 
jurisdiction of the juvenile justice 
system." 

A]l other provisions of Executive Order Num- 
ber 15 remain in force. 

This order shall be effective immediately and 
shall remain in effect until June 30, 1993. 

Done in Raleigh, North Carolina this the 7th 
day of FebruaiA', 1991. 



1326 



5:23 NORTH CAROLINA REGISTER March 1, 1 991 



VOTING RIGHTS ACT FINAL DECISION LETTER 



[G.S. I20-30.9H, effective July 16, I9S6, requires that all letters and other documents issued by the 
A ttorney General of the United States in which a final decision is made concerning a "change af- 
fecting voting" under Section 5 of the Voting Rights Act of J 965 be published in the North Carolina 
Register. / 



U.S. Department of Justice 
Civil Rights Division 

JRD:MAP:TCR:lii 

DJ 166-012-3 Voting Section 

90-4812 P.O. Box 66128 

91-0056 Washington, D.C. 20035-6128 



February 8, 1991 



David A. Holec, Esq. 

City Attorney 

P.O. Box 1388 

Lumberton, North Carolina 28359-1388 

Dear Mr. Holec: 



This refers to the two annexations (adopted November 26, 1990, and December 10, 1990) to the 
City of Lumberton in Robeson County, North Carolina, submitted to the Attorney General pursuant 
to Section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.C. 1973c. We received your sub- 
missions on December 17, 1990 and January 8, 1991. 

The Attorney General does not interpose any objection to the specified changes. However, we 
note that Section 5 expressly provides that the failure of the Attorney General to object does not bar 
subsequent litigation to enjoin the enforcement of the changes. See the Procedures for the Adminis- 
tration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

John R. Dunne 

Assistant Attorney General 

Civil Rights Division 



By: 



J. Gerald Hebert 
Acting Chief, Voting Section 



5:23 NORTH CAROLINA REGISTER March 1, 1991 1327 



PROPOSED RULES 



TITLE 1 - DEPARTMENT OF 
ADMIMSTRATION 

lyotice is hereby given in accordance with G.S. 
1 SOB- 1 2 that the Department of Administration 
intends to amend rule(s) cited as I NCAC 4G 
.0212. 

1 he proposed effecli\-e date of this action is Julv 
I, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on April 3, 1991 at the Department of Ad- 
ministration, Policy and Planning Conference 
Room 5062C, 116 West Jones Street. Raleigh, 
NC 27603-8003. 

\^ omment Procedures: Any interested person 
may present his her comments either in writing 
prior to or at the hearing or orally at the hearing. 
Any person may request information, permission 
to be heard or copies of the proposed regulations 
by writing or calling Daxid McCoy, Department 
of Administration, 116 West Jones Street, 
Raleigh, SC 27603-8003 (919) 733-7232. 

CHAPTER 4 - AUXILIARY SERVICES 

SUBCHAPTER 4G - SURPLUS PROPERTY 

SECTION .0200 - STATE SURPLUS PROPERTY 

.0212 TELEFAX AND TELEGRAPH 
PROPOSALS 

Undor omorgenoy conditionc, tolograph pro 
pocals Telegraph or telephone facsimile machine 
(FAX) bids may be considered if recei\ed prior 
to specified time and date of the bid opening and 
are confirmed in writing and postmarked the 
same day. Any bid submitted under this Rule 
which is not confirmed in wnting and post- 
marked bv midniglit of the published date for 
receipt of bids will not be considered. 

Statutory Authority G.S. 143-49. 

TITLE 10 - DEPART.MENT OF HLAI.AN 
RESOURCES 



lyotice is hereby given in accordance with G.S. 
1 SOB- 12 that the Department of Human 
Resources Di\-ision of Medical Assistance intends 
to amend nde(s) cited as 10 \CAC 26D .0014. 

1 he proposed effecti\'e date of this action is Au- 
gust 1, 1991. 



1 he public hearing will be conducted at 1:30 
p.m. on May 2, 1991 at the \orth Carolina Divi- 
sion of Medical Assistance. 1985 Umstead Drive, 
Room 201, Raleigh, North Carolina 27603. 

i^omment Procedures: Written comments con- 
cerning this amendment must be submitted by 
May 2, 1991, to: Division of .Medical Assistance, 
1985 Umstead Drive, Raleigh, North Carolina 
27603, ATTN.: Bill Hottel, APA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 26 - MEDIC.\L ASSIST.VNCE 

SUBCHAPTER 26D - LIMITATIONS ON 
AMOUNT: DURATION: AND SCOPE 

.0014 THERAPEUTIC LEAVE 

(e) A patient's 12-month entitlement period 
shall begin on tfe* date tbe fif^t approved 
th e rap e utic abf .e no e b e ginc aft4 continu e through 
t^»t- date m th« next calendar yoar. Aftef tfee fe?t 
cntitlomont period, a ftew 12 month ontitlemont 
period shall begin »» Ae date foUov i ing Ae eft4 
©f ^Pii& pros ' iouo ontitlomont period »» ' . vhieh af>- 
p rov e d th e rap e utic leav e again begins. Januap.' 
1 and continue throueh December 31 of a calen- 



dar year. Unused therapeutic leaye days shall not 
be carried over from one ontitlomont period cal- 
endar year to another. 

Statutory^ .Authority G.S. 108A-2S(bj; 108A-62; 
Chapter 1014, Session Laws, 2nd Session 1986. 



•k'krk'k'k'k'k'k'k^-k-k-k-k'k'k-k'k 



No 



otice is hereby given in accordance with G.S. 
1 SOB- 12 that the Department of Human 
Resources Division of .Medical Assistance intends 
to amend nde{s) cited as 10 NCAC SOB .0101 - 
.0102. 

1 he proposed effective date of this action is July 
1, 1991. 

1 he public hearing will be conducted at 1:30 
p.m. on April 1, 1991 at the .Worth Carolina Divi- 
sion of .Medical .Assistance, 1985 Umstead Drive, 
Room 201. Raleigh, N.C. 27603. 



Co 



omment Procedures: Written comments con- 
cerning these amendments must be submitted by 
.April 1. 1991, to: Division of Medical Assistance, 
1985 Umstead Dri\-e, Raleigh, North Carolina 



1328 



5:23 NORTH CAROLINA REGISTER March I, 1991 



PROPOSED RULES 



27603, ATTN.: Bill Hottel, APA Coordinator. 
Oral comments may be presented at the hearing. 
In addition, a fiscal impact statement is available 
upon written request from the same address. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER SOB - ELIGIBILITY 
DETERMINATION 

SECTION .0100 - COVERAGE GROLPS 

.0101 MANDATORY 

The following groups required by 42 U.S.C. 
1396a (a)(10)(A)(i) shall be ehgible for Medicaid: 
(14) Children under age efte six whose count- 
able income does not exceed the percent of 
. the income official poverty line, established 
at 42 U.S.C. 1396a(l)(2). 

Authority G.S. I08A-54; 150B-I4(c): 42 U.S.C. 
1396a (a)(IO)(A)(i); 42 U.S.C. I396a(f); 42 
C.F.R. 435. J JO; 42 C.F.R. 435.112; 42 C.F.R. 
435. J J 3; 42 C.F.R. 435.114: 42 C.F.R. 435.115; 
42 C.F.R. 435.116; 42 C.F.R. 435.117; 42 C.F.R. 
435.118: 42 C.F.R. 435.121: 42 C.F.R. 435.131; 
42 C.F.R. 435.132; 42 C.F.R. 435.133. 

.0102 OPTIONAL 

The following optional groups of individuals 
described by 42 U.S.C. 1396a(a)(10)(A)(ii) and 
42 U.S.C. 1396a(a)(10)(C) shaU be eligible for 
Medicaid: 

(4) Pregnant women: 

(a) Whose countable income is more than the 
amount established under Paragraph (15): 
( 13); Rule .0101 of this Section and not 
more than a percent of the federal poverty 
level established by the General Assembly, 
or 

(b) Who, if their countable income exceeds 
the percent of the federal poverty level, 
established in Subparagraph (4)(a) of this 
Rule, meet the eligibility criteria for med- 
ically needy set forth in this Subchapter. 

Authority G.S. IOSA-54; 42 U.S.C. 
1396a(a)(10)(A)(ii); 42 U.S.C. 1396 a (a) 
(10) (C); 42 C.F.R. 435.210; 42 C.F.R. 435.222; 
42 C.F.R. 435.230; 42 C.F.R. 435.301; 42 C.F.R. 
435.308; 42 C.F.R. 435.322; 42 C.F.R. 435.330; 
S.L. 1983, c. 1034, s. 62.2; S.L. 1987. c. 738, s. 
69 and 70; S.L. 1989, c. 752, s. 133. 

TITLE 15A - DEPARTMENT OF 

ENTIRONMENT, HEALTH, AND 

NATUR.AL RESOURCES 



No 



otice is hereby given in accordance with G.S. 
150B-12 that the Department of Environment, 
Health, and Natural Resources, Division of Envi- 
ronmental Management intends to amend rule(s) 
cited as 15A NCAC 2H .0103, .0105, .0107, .0127 
and repeal rule(s) cited as 15 A NCAC 2H .0128 
- .0137. 



/\ fiscal note has been issued and 
available from the agency. 



a copy IS 



1 he proposed effective date of this action is Au- 
gust 1, 1991. 

1 he public hearing will be conducted at 2:00 
p.m. on April 3, 1991 at the Archdale Building - 
Ground Floor Hearing Room, 512 North 
Salisbury Street, Raleigh, North Carolina. 

(^ omment Procedures: Notice is hereby given 
of a public hearing to be held by the North 
Carolina Department of Environment, Health, and 
Natural Resources on behalf of the Environmental 
Management Commission (EMC) concerning 
modification of the State' s procedural rules for the 
issuance of National Pollutant Elimination System 
(NPDES) permits as follows. 

This public hearing is being held for the purpose 
of receiving public comment on the proposals to 
modify the discharge permit procedural rules 
(Title 15A NCAC2H .0103; .0105; .0107; .0127; 
.0128; .0129; .0130; .0131; .0132; .0133; .0134; 
.0135; .0136; and .0/37 f The EMC previously 
had approved modification of these rules in 1987 
and 1988 to create the structure for a General 
NPDES Permit in the rules. These modifications 
were initiated with the expectation of securing 
approval of the U.S. Environmental Protection 
Agency (EPA J to utilize General Permits as a 
permitting tool in the State administration of the 
NPDES permitting program for discharges to the 
surface waters of the State. Subsequent to the 
amendment of the rules, the EP.4 advised the 
State that the rules, in part, contradicted the fed- 
eral rules for permitting and that these parts of the 
rules would have to be revised before the State 
could qualify for this General Permit authori- 
zation. In order for EPA to approve .Worth 
Carolina's use of General NPDES Permits, 
changes need to be made in the previously adopted 
rules, as described briefly below. 

The primary change being proposed is the removal 
of the specific provisions for limitations and mon- 
itoring requirements that are currently detailed in 



5:23 NORTH CAROLINA REGISTER March I, 1 99 1 



1329 



PROPOSED RULES 



the rules for each type of general permit. De- 
scription of these specific general permits are pro- 
posed to be deleted from the rules. The procedure 
for the issuance of general permits would become 
an administrative action by the Department staff 
rather than being specifically described for each 
general permit in the rules. Each draft general 
permit would be publicly noticed for comment with 
the opportunity for public hearing before any final 
action is taken by the Department. EPA would 
have to review and approve each general permit 
before it could become effective. 

Additional changes are proposed to add specific 
provisions for administration of the general per- 
mits which are necessary for consistency with fed- 
eral regulations, and to revise the application 
procedures for general permits to refect the de- 
letion of the specific general permits from the 
ndes. 

The authority to issue General Permits will be an 
important capability for the State to have in order 
to administer the new federally promulgated 
NPDES requirements for stormwater permits. In 
order to gain this General Permit authorization 
at the earliest possible time. IT WILL BE SEC- 
ESS A RY EOR THE 30 DA Y PUBLIC NOTICE 
PERIOD PRIOR TO THE PUBLIC HEARISG 
DATE TO SERVE ALSO AS THE PUBLIC 
COMMENT PERIOD. THIS REPRESENTS 
A CHANGE FROM THE ROUTINE PROCE- 
DURE USUALLY EOLLOWED BY THE EMC 
IN CONDUCTING RULEMAKING PUBLIC 
HEARINGS. CONSEQUENTLY, THE PUB- 
LIC COMMENT PERIOD WILL CLOSE ON 
APRILS, 1991. The proposed effective date for 
the amendments is August 1 , 199l . 

Comments, data, statements and other informa- 
tion may be submitted in writing prior to the pub- 
lic hearing through .'ipril 5, I99I (inclusive), or 
may be presented orally at the hearing. So that 
all persons desiring to speak may do so, state- 
ments may be limited to three minutes at the dis- 
cretion of the hearing officer. Submittal of writ ten 
copies of verbal statements is encouraged. 

The statutory authority for these actions is as fol- 
lows: N.C'.G.S. 143-215: 143-215.1; l43-2l'5.3. 
Eurther information on the final proposals may be 
obtained by writing or calling: William Mills, 
P.E. or Coleen Sullins, P.E. N. C. Division of 
Environmental Management. P.O. Box 2'^687, 
Raleigh, North Carolina 27611 (919) ''33-50S3. 

CFIAPTER 2 - KNMRONMFNTAL 
MANAGEMENT 



SLBCHAPTER 2H - PROCEDURES FOR 
PERMITS: APPROVALS 

SECTION .0100 - WASTEWATER DISCHARGES 
TO THE SERFAGE WATERS 

.0103 DEFINITION OF TERMS 

(1) - (12) No Change 

(13) "General permit" means an NPDES 
"permit" issued under G.S. 143-215. 1(b)(3) 
and (4) and 40 CFR 122 authorizing a cate- 
gor\' of discharges which all involve the same 
or substantially similar types of operations, 
discharge the same types of wastes, require 
the same effluent limitations or operating 
conditions, require the same or similar 
monitoring, and in the opinion of the Di- 
rector are more appropriately controlled un- 
der a general permit than under individual 
permits. 

(14) - (22) No change 

(23) "Stormwater" means the flow of water 
which results from precipitation and which 
occurs immediately following rainfall or a 
snowmelt. 



Statutory Authority G.S. 143-215.3(a)( 1 ); 
143-213. 

.0105 APPLICATION: PERMIT FEES: 

ASSESSMENT FOR NEW SOURCES 

(a) Except as provided in Paragraphs (d) and 
(e) of this Rule, any person who discharges or 
who proposes to discharge pollutants to the sur- 
face waters of the state or to a POTW when 
pretreatment of the wastewater is required shall 
complete, sign, and submit, in triplicate, an ap- 
plication accompanied by the processing fee de- 
scribed herein for each application in the form 
of a check or money order made payable to N.C. 
Department of Environment, Health, and Na- 
tural Resources. 

The NPDES application forms to be used for 
the various types of discharges are as follows: 
Std. Form A: all municipal systems 

greater than or equal to 
1.0 MOD as well as any 
municipal system 
receiving industrial waste 
from a primar)' industry. 
Short Form A; any municipal system 

not covered by Std. Form 
A. 
Short Fonn B: AH agriculture 

related discharges. 
Std. Form C: All primary 

industries as listed in 
40 CFR 122.21, 



UiO 



5:2i NORTH CAROLINA REGISTER March I, 1991 



PROPOSED RULES 



or 

EPA Form 



2-C: 



EPA Form 1 and 2F: 



EPA Form 2D: 



Short Form C: 



Short Form D: 



Short Form E: 



Short Form F: 



Short Form G: 



Short Form H: 



Short Form \. 



Short Form J: 



Short Form K: 



Short Form L: 



Short Form M: 



Short Form N: 



Appendix A and all 
other industrial 
process and commercial 
discharges except 
cooling waters, cooUng 

tower blowdown, and 

boUer blowdown. 

Discharges 

consisting entirely of 

stormwater. 

Discharges 

consisting of stormwater 

and non-stormwater. 

Cooling waters, coohng 

tower blowdown, 

and boUer blowdown. 

All domestic waste 

discharges not covered by 

Std. Form A and Short 

Form A. 

Notice of Intent 

to be covered by general 

permit for once - through 

non - contact cooling 

waters, statewide. 

Notice of Intent for 

mine dewatering facilities, 

statewide. 

Notice of Intent for 

water filtration facilities, 

statewide. 

Notice of Intent for 

seafood packing facilities, 

statewide. 

Notice of Intent for 

oil terminal storage 

facilities discharging 

to water supply 

(WS-III) waters. 

Notice of Intent for 

oil terminal storage 

facilities discharging 

to waters, other than 

water supply (WS-III) 

waters. 

Notice of Intent 

for sand dredges, 

statewide. 

Notice of Intent 

for trout farms, statewide. 

Notice of Intent 

for aquifer restoration. 

Notice of Intent 

for stormv^^ater 

discharees, statewide. 



(b) Permit Fees. 



(1) 
(2) 



No change 

Annual Administering and Compliance 
Monitoring Fees. An annual fee for ad- 
ministering and comphance monitoring 
shall be charged in each year of the term 
of every NPDES permit, including general 
permits, according to the schedule in 
Subparagraph (b)(5) of this Rule. 

(A) - (F) No change 

(G) A discharge which has recognized low 
potential for environmental impact may 
be charged the same fee schedule as cool- 
ing water and domestic waste. A low 
potential for environmental impact exists 
if it can be shown that the effluent flow 
originatoo a* storm ' I ' l Utor runoff &f 
groundwater soopago aft4 can be expected 
to meet all water quality standards in- 
cluding a BOD 5 concentration of less 
than 2 mg/ 1 at the outlet of the treatment 
works. Also, i these quality criteria with 
average flows less than 100,000 GPD but 
which are permitted at a higher flow may 
upon request be allowed to meet the fee 
schedule of the cooling water rate of the 
less than 100,000 GPD category. Request 
for this special consideration should be 
made as part of the permit application and 
must be accompanied by documentation 
of eligibility under this Rule. 

(H) No change 
(3) - (4) No Change 
(5) Schedule of Fees: 

PERMIT APPLICATION 
PROCESSING FEE 



NEW 
APPLICATIONS 
MODIFICATIONS 



RENEWALS 
WITHOUT 
MODIFICATIONS 



CATEGORY 



The pretreatment appUcation forms to be used 
will be supplied by the Division. 



> 10,000,000 GPD 

Industnal $400 $400 

Domestic/Cooling 

Water 400 400 

1,000,001 - 10,000,000 GPD 
Industnal 400 300 

Domestic/Cooling Water 400 300 

100,001 - 1,000,000 GPD 
Industrial 400 250 

Domestic/Cooling 
Water 400 250 

</= 100,000 GPD 



5:25 NORTH CAROLINA REGISTER March I, 1991 



1331 



PROPOSED RULES 



Industrial 
Domestic/ Cooling 

Water 

Single family 
dwelling 

Stormwater- 
Municipal Sep. 

Storm vsater Sys. 
Industnal Activity 

Stormwater 



General Permits 



400 200 

400 200 

240 120 

400 400 

400 400 



200 



200 



ANNUAL ADVIINISTFRING AND 
COMPLIANCE MONITORING FEE 



IN 



STANDARD 


COMPLIANCE 


Industrial 


$1500 


$1125 


Domestic, Cooling 






Water 


1500 


1125 


Industrial 


1500 


1125 


Domestic Cooling 






Water 


1200 


900 


Industrial 


800 


600 


Domestic Cooling 






Water 


600 


450 


Industrial 


600 


450 


Domestic, Cooling 






Water 


450 


300 


Single family 
dwelling 








Stormwater- 






Municipal Sep. 
Stormwater Svs. 
Industrial .Activity 


600 


450 


Stormwater 


600 


450 


General Permits 


100 


80 


Gc'nL'ral permit 
fef cooling 


.)QQ 


© 


'■'■'at^r. wQtL'r 






filtration. 







afi4 aquif e r 
restoration 



Gonoral permit 

l\J 1 It 111 i\j 

dovratonng, 
sand drodgos 



Gonoral pormit 

fof swimming 
poolo 



/| Q Q 



/j QQ 



4©0 



& 



2QQ 



a 



a 



Oth e r gonoral 
pomiiti> 

(6) - (9) No change. 

(10) /Vny applicant whose facility qualifies for 
a general permit under Piulos Rule .0127 
aft4 rWa* through M^ of this Section 
may pay the lower fees set in Subpara- 
graph (b)(5) of this Rule for the appro- 
priate general permit. 

Stalutorv Authority G.S. 143-21 5.1 (c); 
143-21 5.3{a); 143-21 5. 3B. 

.0107 STAFF REVIEW AND EVALLATION 

(a) - (c) No change 

(d) In the case of permits for which notice of 
intent is given on short forms E through M N 
as described in Rule .0105(a) of this iVrtioio, Sec- 
tion, a Certificate of Coverage under a general 
permit shall be prepared and issued directly to the 
applicant in lieu of any other acknowledgement. 
If the Notice of Intent is unacceptable, it will be 
returned to the applicant with a brief explana- 
tion. 



Statutory Authority G.S. 

143-2l5.3(a)(l): l43-2l5.3(a)(4). 



130-161; 



.0127 GENERAL PERMITS 

(a) In accordance with the provisions of G.S. 
143-215.1 (b)(3) and (4), genera] Gonoral permits 
' ■ ' ■ 'Inch ttfe may be developed by the Division and 
issued by the Director for categories of activities 
shown in this Rule. TWtH cover AH those 
dischargers in the State that receive rocoi' i od a 
"Certificate of Coverage" for that category from 
the Division wiU be deemed covered under that 
general permit. Fach of the general pemiits will 
be issued as an individual permit under G.S. 
143-215.1, using aJl procedural requirements 
specified for individual NPDIiS or state permits 
including application and public notice. Each 



nn 



5:2i NORTH CAROLINA REGISTER March 1, 1991 



PROPOSED RULES 



general permit must be approved by the U.S. 
EPA, before it becomes effective. Dischargers 
covered under general permits, developed in ac- 
cordance with this Rule, will be subject to the 
same effluent standards and limits, management 
practices enforcement authorities, and rights and 
privileges as specified in the general permit. 
Procedural requirements for application and per- 
mit approval, unless specifically designated as 
appUcable to individuals proposed to be covered 
under the general permits, apply only to the is- 
suance of the general permits. After issuance of 
the general permit by the Commiooion Director 
and approval by EPA, dischargers in the appli- 
cable categories may request coverage under the 
general permit, and the Director or his designee 
shall grant appropriate certification. General 
permits may be written to regulate: 

(1) once-through non-contact cooling waters 
with no biocidal additives; 

(2) mine dewatering facilities; 

(3) water filtration facilities; 

(4) swimming pool filter backwash facilities; 

(5) seafood packing facilities; 

(6) oil terminal storage facihties discharging 
to water supply (WS-III) waters; 

(7) oil terminal storage facilities discharging 
to waters other than those classified as 
water supply waters; 

(8) sand dredges; 

(9) trout farms; 

(10) aquifer restoration; 

( 1 1) stormwater discharges; 

( 12) categories of other discharges that all: 

(A) involve the same or substantially simi- 
lar operations; 

(B) discharge the srmie type of waste; 

(C) require the same eftluent Limitations or 
operating conditions; 

(D) require the same or similar monitoring; 
and 

(E) in the opinion of the Director are more 
appropriately controlled by a general per- 
mit. 

(b) Coverage under general permits will only 
be granted for discharge into waters classified ei- 
ther WS or SA following review and written ap- 
proval by the Division of Environmental Health, 
Sop i 'icoo, Department of 1 luman R.ef . ourco ! L i En- 
vironment, Health, and Natural Resources. 

(c) Coverage under general permits will only 
be granted where the individual requesting cov- 
erage verifies that the management practices re- 
quired as conditions in each general permit have 
been installed. Ihooo ggneral permits apply 
statowido uxocpt wh e r e restriction - j based eft the 
classification »f rocoiving waters aje stated. 

(d) - (e) No change. 



(f) Eor one of these general permits to apply 
to a facility, a Notice of Intent to be covered by 
the general permit must be given using short 
forms E through M N described in Rule .0105(a) 
of this Section and, as appropriate, following the 
application procedures specified in Rules .0105 
and .0106 of this Article. Section. If all re- 
quirements are met, coverage under the general 
permit may be granted. If all requirements are 
not met, a long form application and full appli- 
cation review procedure will be required. 

(g) - (j) No Change 

(k) The Director may require any person, oth- 
erwise eligible for coverage under a general per- 



mit^ to apply for an individual NPDES permit 
by notifying that person that an appUcation is 
required. Notification shall consist of a written 
descnption of the reason(s) for the decision, ap- 
propriate permit application forms and applica- 
tion instructions, a statement establishing the 
required date for submission of the application, 
and a statement informing the person that cov- 
erage by the general permit shall automatically 
terminate upon issuance of the individual permit. 
Reasons for requiring application for an individ- 
ual permit may be: 

( 1) noncompliance with the general permit; 

(2) noncornpliance with Division Rules; or 

(3) a determination that the water of the 
stream receiving the discharge is not 
meeting applicable water quality stand- 
ards. 

(1) Any interested person may petition the Di- 
rector to take an action under Paragraph (k) of 
this Rule to require an individual NPDES per- 
mit. 

(m) General permits may be modified, termi- 
nated, or revoked .and reissued in accordance 
with the authority and requirements of Rules 
.01 12 and .01 14 of this Section. 



Statutory Authority 
l43-2l5(3}(a)(l). 



G.S. 143-215(1); 



.0128 GENERAL PERMIT FOR COOLING 

WATERS (REPEALED) 
.0129 GENERAL PERMIT FOR MINE 

DEWATERING FACILITIES (REPEALED) 
.0130 GENERAL PERMIT FOR WATER 

FILTRATION FACILITIES (REPEALED) 
.0131 GENERAL PERMIT/SWIMMING POOL 

FILTER BACKWASH FACILITIES 

(REPEALED) 
.0132 GENERAL PERMIT FOR SEAFOOD 

PACKING FACILITIES (REPEALED) 
.0133 GENERAL PERMIT/OIL STORAGE 

FACILITIES DISC/WS-III WATERS 

(REPEALED) 
.0134 GENERAL PERMIT OTHER THAN WS-I: 

WS-II: OR WS-III (REPEALED) 



5:2i NORTH CAROLINA REGISTER March I, 1991 



1333 



PROPOSED RULES 



.0135 GENERAL PERMIT FOR SAND 

DREDGES (REPEALED) 
.0136 GENERAL PERMLF FOR TROUT 

FARMS (REPEALED) 
.0137 GENERAL PERMIT FOR AQUIFER 

RESTORATIONS (REPEALED) 

Statutory Authorhv G.S. 143-2/5: 143-215(1); 
143-215(3): 143-215.1; 143-215.3. 

■k-k-k-k-k^-k*********** 



I\ otice is hereby given in accordance with G.S. 
150B-12 that the North Carolina Wildlife Re- 
sources Commission intends to amend rule(s) 
cited as 15A SC.iC lOD .0003. 

1 he proposed effective date of this action is Julv 
1, 1991. 



1 he public hearings will be conducted at 
p.m. on April 2. 1991 at: 

Western Piedmont Community College 

.4 uditorium 

Morganton, Xorth Carolina 

Davie County Courthouse 

Room 2 
Mocks\ille. Sorth Carolina 

Buncombe County Courthouse 

District Courtroom 1 

Asheville, .Worth Carolina 

Stanly County Courthouse 



:00 



Superior Courtroom 
.Albemarle, Xorth Carolina 



Cc 



■ omment Procedures: Interested persons may 
present their vie\\'s either orally or in writing at the 
hearing or by mailing to .\.C. Wildlife Resources 
Commission, 5/2 .\. Salisbury Street, Raleigh, 
AC 27604-1 18S. The record of hearing is open 
from fifteen days preceding the date of hearing to 
fifteen days after the date of hearing. 

CHAPTER 10 - \MLDLIFE RESOL RCES AND 
WATER SAFETY 

SUBCHAPTER lOD - GAME LANDS 
REGULATIONS 

.0003 HUNTING ON GAME LANDS 

(c) Hunting Dates; 
(3) .^ny game may be taken on the following 
game lands during the open season, except 
that: 



(C) On game lands open to deer hunting 
located in or west of the counties of 
Rockingham. Guilford, Randolph, 
Montgomer>' and .\nson, dogs may not 
be used for any hunting (day or night) 
during the regular season for hunting deer 
with guns: except that small game birds 
may be hunted with dogs m season on ali 
game lands: oth e r than beaf sanctuarioo, 
m ih* oountioo ©f ChiJrokoo, Clay, 
Jackoon, Macon, Madioon, PoUt aft4 
Swain; 

Statutory Authority G.S. 113-134; 113-264; 
113-291.2; 113-291.5: 113-305. 

nXLE 16 - DEPARTMENT OF PUBLIC 
EDUCATION 

ly otice is hereby given in accordance with G.S. 
/50B-/2 that the State Board of Education in- 
tends to adopt ruleisj cited as /6 NCAC 6C 
.0207. 

1 he proposed effecti\e date of this action is July 
/, /99/. 

1 he public hearing will be conducted at 9:00 
a.m. on April /, /99/ at the / st Floor Conference 
Room, Education Annex 1, 217 W. Jones Street, 
Raleigh, S-C. 



Co 



' omment Procedures: Any interested person 
may present views and comments either in writing 
prior to or at the hearing or orally at the hearing. 

CHAPTER 6 - ELEMENTARY .\ND 
SECONDARY EDUC.\TION 

SUBCHAPTER 6C - PERSONNEL 

SECTION .0200 - TEACHER EDUCATION 

.0207 PROSPECTI\ E TEACHER 
SCHOLARSHIP LOANS 

(a) Recipients who attend a college or univer- 
sity win receive up to two thousand dollars 
($2,000) per year to pay for courses, fees and 
books. Recipients who attend a 
technical commumty college will receive nine 
hundred dollars ($900) per year to pay for 
courses, fees and books. 

(b) Loans are available only to legal residents 
of North Carolina. To be considered a legal 
resident, a person must have lived in the state for 
at least 12 months before applying for the loan. 
In addition to the requirement of G.S. 
115C-471(2) regarding endorsement of the note 



B34 



5:23 SORTH CAROLINA REGISTER March I, 1991 



PROPOSED RULES 



by a minor's parent, each recipient must obtain 
the signature as surety of one resident of the state 
who is at least age 21. 

(c) Persons who are in default on another stu- 
dent loan will not be eligible for a scholarship 
loan under this Rule. 

(d) Loan recipients must enroll in and attend 
a public or private college or university in this 
state with an approved teacher education pro- 
gram, or a technical/community college in this 
state with a program of study that leads to 
teacher certification. 

(e) Scholarship loans may not be used to ob- 
tain credits through correspondence courses or 
extension courses even if the recipient uses less 
than the maximum amount as an undergraduate. 

(f) The Department may cancel a loan if the 
recipient: 

(1) willfully reports requested information that 
is erroneous or incomplete; 

(2) fails to complete and return requested 
forms by the required dates; 

(3) fails to pursue a full-time program in 
teacher education or withdraws perma- 
nently from college; 

(4) is not admitted to the college's teacher 
education program; 

(5) is convicted of a felony or other crime 
other than minor traffic offenses; 

(6) does not maintain a 2.0 cumulative aver- 
age for the freshman year and a 2.5 cu- 
mulative average for following years, 
based upon a 4.0 grading scale; or 

(7) fails to keep the Department informed of 
any address change or change in status as 
a prospective teacher. 

(g) Upon cancellation or default, the entire 
principal balance, together with accrued interest, 
becomes immediately due and payable. 

(h) Once a recipient receives a certificate based 
upon the entr>-level degree, the amount of the 
loan and accrued interest must be repaid by ei- 
ther employment as a regular full-time teacher 
or by making cash payments. Recipients who 
do not begin teaching in the school year follow- 
ing their quahfymg for certification must begin 
repayment upon their failure to begin teaching. 
The entire principal and accrued interest must be 
repaid within the same number of years as the 
number of loans received, beginning September 
1 of the year following the recipient's qualifying 
for certification. 

(i) For purposes of credit for teaching, "full 
school year" means a minimum of six calendar 
months. Service as a tutor, a substitute teacher, 
or a teacher in a non-public school docs not 
qualify as service credit for loan repayment. 



Statutory Authority G.S. II5C-47I. 

TITLE 21 - OCCUPATIONAL LICENSING 
BOARDS 

ly otice is hereby given in accordance with G.S. 
J SOB- J 2 that the N.C. State Board of Cosmetic 
Art Examiners intends to amend rule(s) cited as 
21 NCAC I4A .0101; I4F .0008 - .00/0; 140 
.0007, .0017; 141 .0304. 

I he proposed effective date of this action is July 
I, 1991. 

1 he public hearing will be conducted at 10:00 
a.m. on April 2, 1991 at the Grove Towers (5th 
Floor), 1110 Na\'ahoe Dr., Raleigh, N.C. 27609. 



Co 



' omment Procedures: The record shall be open 
for 30 days before the hearing to receive written 
comments. Written comments should be received 
by the N.C. State Board of Cosmetic Art Exam- 
iners by April 1, 1991, to be considered as part of 
the hearing record. Comments should be ad- 
dressed to: Vicky R. Goudie, Executive Secretary, 
N.C. State Board of Cosmetic Art Examiners, 
Grove Towers (5th Floor), 1110 Navahoe Dr., 
Raleigh, N.C. 27609. Requests to speak must be 
in writing and received by Mrs. Goudie five days 
(March 28, 1991 ) prior to the hearing. Speaking 
time ten minutes. 

CHAPTER 14 - BOARD OF COSMETIC ART 
EXAMINERS 

SUBCHAPTER 14A - DEPARTMENTAL RULES 

SECTION .0100 - ORGANIZATIONAL RULES 

.0101 DEFINITIONS 

The following definitions apply in this Chapter: 
(12) "Booth" is a work station within a cos- 
metic art shop which is used primarily by 
one cosmetologist or manicurist in peri'orm- 
ing cosmetic art services for their clientele. 
"Booth" does not include the reception area, 
lavatories, common hair-dr\ing facilities, 
common shampooing facilities or other 
areas used in common bv the cosmetologists 
or manicurists working within a cosmetic art 
shop. 

Statutory Authority G.S. 88-1. 

SUBCHAPTER 14F - RULES AND 

REGULATIONS GOVERNING THE LICENSING 

OF COSMETIC ART SHOPS 



5:2i NORTH CAROLINA REGISTER March /, 1991 



1335 



PROPOSED RULES 



.0008 INSPECTION OF COSMETIC ART 
SHOPS 

(a) A newly established boauty salon, cosmetic 
art shop, a Galon shop which has been closed for 
more than 90 days, a c . alon shop which has 
changed ownership, or a salon shop which has 
been operating without a permit shall be in- 
spected before a permit will be issued. The 
Board shall be given 30 days notice to schedule 
an inspection. 

(b) I'ach beaut>' salon must pass inspection by 
the Board pursuant to 2j_ N( AC Subchapter 
1411 of^^ these Rules. Inspections shall be con- 
ducted at least annually and may be conducted 
\vith(Hit notice. 

Statutory Authority G.S. S8-J; 88-21: 88-23. 

.0009 SIGNS 

(a) Cosmetic art shops A b e auty salon shall be 
designated by a sign of not less than four inch 
letters at the outside entrance to said premises 
provided it is not contrary to a local ordinance. 

(b) In any cosmetic art shop in which any 
cosmetologist aid or manicurist is not an em- 
ploNce of the owner of the cosmetic art shop, the 
owner of the shop shall display in a conspicuous 
place a sign available from the B(mrd contammg 
the foUowintj lanszuage verbatim: 

The 

manicurists who 

work m this cosmetic art shop may 
not be emplovees of this shop but are 
self-emploved. These cosmetologists 
and manicuri.sts have a sign posted 
adjacent to their booths stating that 
thev are independent operators. Ihis 
notice is supplied to inform vou that 
the owner of this shop does not in- 
tend to accept rcsponsibilit\- for any 
acts of these cosmetologists or 
manicurists which result in injury to 
you. This notice is not a limitation 
of your legal nghts. but is posted to 
notity you of the operator's and shop 
ovsner's intent. If injured, you may 
or may not ha\e some legal remedy 
against the cosmetic art shop. 

(c) In any cosmetic art shop in which any 
cosmetologist and or manicunst is not an em- 
plo\ee of the owner of the cosmetic art shop, 
such non-emplo\ees shall display immediately 
adjacent to their work station a sign a\'ailablc 
Irom the Board containing the following lan- 
guage verbatim: 

Independent Operator. The 

cosmetologist or manicurist who op- 
erates this work station is not an 



Notice to 



the Public: 

cosmetolotrists or 



employee of the cosmetic art shop 
but is self-employed. This notice is 
supplied to inform you that the 
owner of this shop does not intend 
to accept responsibility for any acts 
of the cosmetolo.gist or manicurist 
which result in injury to you. This 
notice is not a limitation of your legal 
rights, but is posted to notify you of 
the operator's and shop owner's in- 
tent. If injured, you may or may not 
have some legal remedy against the 
cosmetic art shop. 

Statutory Authority G.S. 88-23. 

.0010 S.\N1TARY Rl EES 

All sanitar\' rules governing beauty salons aft4 
oosmotolog>' schools establishments must be 
comphed with at all times. 

Statutory Authority G.S. 88-23. 

SL BCIIAPTER 14G - REQUIREMENTS FOR 

THE ESTABLISHMENT OF SCHOOLS OF 

COSMETIC ART 

.0007 EQUIPMENT AND TEACHERS 

(c) A cosmetologist who is not licensed to 
teach cosmetology may substitute for a 
cosmetology teacher in case of emergency for not 
more than 12 days in one calendar year. Other- 
wise, all courses in a cosmetology school must 
be taught by a cosmetology teacher. 

Statutory Authority G.S. 88-23; 88-30. 

.0017 CHANGES IN TEACHING STAFF 

A change in teaching staff must be reported to 
the Board immediately after it occurs. A change 
in teaching staff includes any substitution for the 
regularly scheduled teacher and any change, 
scheduled or otherwise, in the lis[ of teachers last 
given to the Board's school administrator. 



Statutory Authority G.S. 88-23. 

SI BCHAPTER 141 - OPERATIONS OF 
SCHOOLS OF COSMETIC ART 

SECTION .0300 - CL.VSSROOMS 

.0304 CLASSROOM WORK 

(a) All of the work outlined in the Beginners' 
Dep:u1ment and the Advanced Department shall 
be given to the students through practical dem- 
onstrations and recitations. 

(b) Fiv e A minimum of five hours of recitations 
shall be given to full-time students per week. 



B^6 



5:2i NORTH CAROLINA REGISTER March I, 1991 



PROPOSED RULES 



T' i ' i 'o A minimum of two and one-half hours of 
recitation shall be given to part-time students per 
week. 

(c) Recitations shall include lectures, questions 
and answers on textbooks, and written examina- 
tions. 

(d) AH papers written shall be carefully graded 
and returned to the students in order that the 
students may see their errors. 

Statutor}! Authority G.S. 88-23. 

****************** 



I\ otice is hereby given in accordance with G.S. 
I SOB- 1 2 that the North Carolina Board of 
Mortuary Science intends to amend rule(s) cited 
as 21 NCAC34A .0101 - .0104, .0123, .0201; 34B 
.0203, .0612, .0703; and adopt rule(s) cited as 21 
NCAC 34C .0101 - .0/06. .0201 - .0206, .030 J - 
.0306. 

Note: Pursuant to G.S. 150B-61, the Director of 
OAH has approved the request to rearrange the 
codification of existing rules into subchapters 34 A 
and 34B. 

1 he proposed effective date of this action is July 
I, 1991. 

1 he public hearing will be conducted at J .00 
p.m. on April 8, 1991 at the Office of NC Board 
of Mortuary Science, 412 N. Wilmington St., 
Raleigh, NC 27601. 



Co 



. omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing, or in writing prior to the hearing 
by mail or personal delivery addressed to Ms. 
Corrine J. Culbreth, Executive Secretary, Board 
of Mortuary Science, 412 N. Wilmington St., 
Raleigh, NC 27601. 

CHAPTER 34 - BO.ARD OF MORTUARY 
SCIENCE 

SUBCHAPTER 34A - BOARD FUNCTIONS 

SECTION .0100 - GENER.4L PROVISIONS 

.0101 AGENCY NAME: ADDRESS: OFFICE 
HOURS: MEETINGS: FOR.MS 

(formerly 21 NCAC 34 .0101) 

The name of the agency promulgating the rules 
in this Chapter is the North Carolina State Board 
of Mortuary Science. As used in these rules, the 
word "board" shall refer to this agency. The of- 
fice of the board is located at 412 North 



Wilmington Street, Raleigh, North Carolina 
27601. Office hours are 9:00 a.m. until 5:00 p.m., 
Monday through Friday, with the exception of 
closings on those holidays observed by agencies 
of the State of North Carolina. Meetings of the 
board may be called by the president or a ma- 
jority of its members. Forms and information 
may be obtained at the office of the board during 
regular office hours. Checks are to be made 
payable to "North Carolina State Board of 
Mortuary Science." 



Statutory Authority 

90-2l0.23(a). 



G.S. 



90-210.22; 



.0102 PURPOSE OF BOARD 

(formerly 21 NCAC 34 .0102) 
The purpose and function of the Board is are 
to examine, aft4 license practitioners ef funoral 
soP i 'ice and te regulate the practice of funeral 
service and crematories in North Carolina, pur- 
suant to the authority granted by jVrticlo 13 A, 
Articles 13A and 13C, Chapter 90, General Stat- 
utes of North Carolina. 

Statutory Authority G.S. 90-2l0.23(a); 
90-2/0.42; 90-2/0.50(a). 

.0103 PETITION FORNOMIN.\TION 
(formerly 21 NCAC 34 .0103) 

(a) Form BMS-1 is the petition for nomination 
of a person for election to the Board, it- ie us e d 
fep tfee submission ©f tbe nam e »f a nomin e e fof 
e l e ction to- tb# Board. It contains space for the 
name of the nominee, the ofTic e seat to which he 
is nominated and the signatures of 20 Uconcooo. 
persons licensed to practice embalming, funeral 
directing or funeral service. The form is fded 
with the Board when making nominations pur- 
suant to G.S. 90-210. 18(c)(4). 

(b) Form BMS-la is the petition for nomi- 
nation of a person for election to the North 
Carolina Cremators* Authority. It contains space 
for the name of the nominee and the signatures 
of three crematory operators licensed bv the 
Board. The form is filed with the Board when 



laking 



nominations pursuant to G.S. 



90-210.42(c). 

Statutory Authority G.S. 90-2/0. /8(c)(4); 
90-2/0.23(a); 90-2/0.42(c); /50B-//(/). 

.0104 VOTING RECORDS 

(formerly 21 NCAC 34 .0104) 

(a) Form BMS-3 is the voting record for 
elections to the Board. It is used to maintain in 
the office of the Board a record for each licensee 
for the purpose of showing that a ballot has been 
mailed to him and to show whether a ballot - 



5:23 NORTH CAROLINA REGISTER March I, 1 99 1 



1337 



PROPOSED RULES 



enclosing envelope has been returned. It con- 
tains the name, address and License number of the 
licensee and space for indicating the mailing of 
the ballot and the return of the ballot-enclosing 
envelope. 

(b) Form BMS-3a is the voting record for 
elections to the North Carolina Crematory Au- 
thority. It is used to maintain in the office of the 
Board a record for each crematory operator for 
the purpose of showing that a ballot has been 
mailed to it and to show whether a ballot- 
enclosing envelope has been returned. It con- 
tains the name, address and license number of the 
crematory operator and space for indicating the 
maihng of the ballot and the return of the 
ballot-enclosing envelope. 

Statutory Authority G.S. 90-210. 18(c)(6); 
90-2l0.23(a): 90-2I0.42(c); 1508-11(1). 

.0123 CONSL.MER COMPLAINT FORM 
(formerly 21 NC,\C 34 .0124) 

Form BMS-50 is the consumer complaint form. 
h- is ucod wt oubmitting a complaint te the Board 
oonooming a funoral ODtabLishmont e* a poroon 
lioonood by the Board. It contains space for the 
names and addresses of all parties involved, a 
description of the complaint, the signature of the 
complainant and information on procedures 
concerning consumer complaints, including a 
summar>' of acts and omissions which are legiti- 
mate subjects of complaints. The form is filed 
with the Board when a consumer wishes to make 
a complaint against a funeral establishment, 
crematory operator or individual Licensed by the 
Board. 

Statutory Authority G.S. 90- 2 10. 18(a) ; 
90-210. 23(a); 90-210.25{e); 90-210.50(a): 
150-11(1). 

SECTION .0200 - FEES AND OTHER 
PAYMENTS 

.0201 FEES AND PENALTIES 

(formerly 21 NCAC 34 .0123) 

(a) Fees for funeral service shall be as foUows: 

Establishment permit 

Application $250.00 

Annual renewal $150.00 

Late renewal penalty $100.00 

Establishment reinspection 
fee $100.00 

Courtesy card 

Application $ 75.00 

Annual renewal $ 50.00 

Out-of-state licensee 

Application $200.00 

Embalmer, funeraL director, 



funeral service 




AppLication, North CaroUna 




resident 


$150.00 


Application, non-resident 


$200.00 


Armual renewal 




Embalmer 


$ 40.00 


Funeral director 


$ 40.00 


Funeral service 


$ 60.00 


Reinstatement fee 


$ 50.00 


Resident trainee permit 




Application 


$ 50.00 


Armual renewal 


$ 35.00 


Late renewal penalty 


$ 25.00 


Duplicate License certificate 


$ 25.00 


Chapel registration 




Application 


$150.00 


Annual renewal 


$100.00 


(b) Fees for crematories shall be as follows: 


License 




Application 


$400.00 


Annual renewal 


$100.00 



Late renewal penalty 
Crematory reinspection fee 
Per-cremation fee 



$ 75.00 
$100.00 
$ 10.00 



Statutory A uthority 
90-210.28; 90-210.48. 



G.S. 90-210.23(a); 



SUBCHAPTER 34B - FUNERAL SERVICE 
SECTION .0200 - EXAMINATIONS 

.0203 APPLICATION FORM FOR FUNERAL 
DIRECTOR'S LICENSE 
(formerly 21 NCAC 34 .0303) 

Form BMS-12 is the apphcation for the exam- 
ination for a funeral director's license. It con- 
tains space for the applicant's photograph, name, 
address, biographical data, education, employ- 
ment history, criminal convictions, and verifica- 
tion. A transcript of the applicant's mortuan' 
science college record (gonoral ©* mortuary sei- 
onco) must accompany the application. Three 
affidavits of the moral character of the applicant 
submitted by three persons, in compliance with 
G.S. 90-210.26, must also accompany the appli- 
cation. The form is filed with the Board when 
making application. 

Statutorv Authoritv G.S. 90-2 10.23 (a); 
90-2l0.25(a)(l): 1503-11(1). 

SECTION .0600 - FUNERAL ESTABLISHMENTS 

.0612 PART-TIME .\ND INDEPENDENT 
CONTRACTORS AFFIDAVIT 

(formerly 21 NCAC 34 .0712) 
Form BMS-25 is the affidavit for part-time em- 
ployees and independent contractors. It is used 



1338 



5:23 NORTH CAROUNA REGISTER March L 1991 



PROPOSED RULES 



for certifying to the Board, as provided in Rul e 
.071 1 Rule .0611 of this Section, that the person 
signing it is performing services for one or more 
funeral establishments. It contains space for the 
names and locations of the establishments, a 
certification of the licensee that he will notify the 
Board when he ceases to pertbrm such services, 
the signature of the licensee and verification. The 
form is filed with the Board upon request of the 
Board. 

Statutory Authority G.S. 90-2I0.23(a),(d),(e); 
90-210.25(d): I50B-II(I). 

SECTION .0700 - PREP.\RAT10N OF BODIES 

.0703 DISPOSAL OF REFUSE; VENTILATION 

(formerly 21 NCAC 34 .0803) 

Every preparation room shall be provided with 
proper and convenient receptacles for refuse, 
bandages, cotton and other waste materials and 
supplies, which aft4 ali shall be destroy e d by 
incinoration immL'diatL'ly properly disposed of at 
the conclusion of each case, to the end that the 
public health may thereby be protected. Every 
preparation room shall comply, with respect to 
ventilation, with state and local laws, ordinances 
and regulations. No obnoxious or deleterious 
odors shall be allowed to remain therein nor to 
enter into any other part of the premises of the 
funeral establishment or into any adjoining 
premises. 

Statutory Authoritv G.S. 90-210.23(a),(d),(e); 
90-2 1 0.27 A. 

SUBCHAPTER 34C - CREMATORIES 

SECTION .0100 - GENERAL PROVISIONS 

.0101 ELECTION TO CREMATORY 
AUTHORITV 

The nomination and election of members of the 
North Carolina Crematory Authority shall be 
conducted simultaneously with the nomination 
and election of members of the Board, and the 
procedures in G.S. 90-210. 18(c) shall apply, ex- 
cept that nomination shall be made by a written 
petition signed by at least three crematory oper- 
ators licensed bv the Board. 



visions of Article 13C, Chapter 90, of the North 
Carolina General Statutes in those instances 
when and because, from time to time, they have 
the legal responsibility to dispose of human re- 
mains. 



Statutory Authority 
/SOB-/ /(I). 



G.S. 90-2/0.50(a),(b); 



.0103 FORM OF DOCUMENTS 

When any provision of Article 13C, Chapter 90, 
of the North Carolina General Statutes or any 
rule in this Subchapter requires a crematory op- 
erator to obtain any death certificate, report, au- 
thorization, waiver, statement or other document 
prior to cremation, it shall be deemed that such 
requirements are complied with if the crematory 
operator receives the applicable document or 
documents, in the time specified, in the form of 
the original, a photocopy or by facsimile trans- 
mission. 

Statutory Authority G.S. 90-2/0.44; 

90-2/0.50(a). 

.0104 APPLICATION FORM FOR CREMATORY 
LICENSE 

Form B.\IS-52 is the application form for a 
crematory operator's license. It is designed for 
the applicant to furnish his or its name; address; 
type of business entity; location of crematory; 
description of crematory, facilities and equip- 
ment; name and address of crematory manager; 
and criminal convictions of applicant and man- 
ager. Three affidavits of the moral character of 
the owners, partners or officers and of the man- 
ager, in compliance with G.S. 90-210.26, shall 
accompany the application. 



Statutory A uthority 

90-2/0.50(a); /50B-//(/J. 



G.S. 



90-2/0.43; 



.0105 CREMATORY LICENSE CERTIFICATE 

Form B\IS-53 is the crematory license certif- 
icate. It is used for certifying that the holder 
thereof is a licensed crematory operator. It con- 
tains the name of the crematory operator, signa- 
tures of the board members and the date of 
issuance. 



Statutory Authority G.S. 90-2 / 0.42 (c J; 
90-2/0.50(a); /50B-//(/J. 



Statutory Authority 
90-2/0.50(aJ; /50B-//(/). 



G.S. 



90-2/0.43; 



.0102 APPLICABILITY OF STATUTES 

The North Carolina ^Anatomical Commission, 
licensed hospitals and medical schools and the 
office of the Chief Medical Examiner may show- 
to the Board that they are exempt from the pro- 



.0106 CREMATORY INSPECTION FORM 

Form BMS-54 is the crematory inspection re- 
port form. It is used by the Board and its in- 
spectors to record the results of crematory 
inspections for the Board files. It contains space 



5:25 NORTH CAROLINA REGISTER March I, 1991 



1339 



PROPOSED RULES 



for the name and address of the cremator>', 
names of the owner and manager, check list of 
facilities and equipment, condition of facilities 
and equipment, recommendations and signatures 
of the inspector and an official of the cremator,'. 

Statutory Authoritv G.S. 90-210.43; 

90-2/0.50faj; ISOB-lh'l). 

SECTION .0200 - EQL IPMENT AND 
PROCESSING 

.0201 REFRIGERATION 

Human remains retained in the custody of a 
cremator." operator for more than 24 hours prior 
to cremation shall be kept in a refrigeration unit. 
Such unit shall meet the following minimum 
standards: 

( 1 ) Capable of maintaining an interior temper- 
ature of 40 degrees Fahrenheit while loaded 
with the maximum number of bodies for 
which it is designed. 

(2) Sealed concrete, stainless steel, galvanized, 
aluminum or other easily cleaned flooring in 
walk -in units. 

(3) Stainless steel, aluminum or other non- 
corrosive and easily cleaned materials for the 
remainder of the interior of all units. 



Statutory Authoritv G.S. 
90-2I0.50faj. 



90-210.41(9), (12); 



.0202 HOLDING FACILITY: CREM.\TION 
UNIT; PROCESSOR 

Ever.' cremator.' shall have the following: 

(1) A holding facility of suitable size to ac- 
commodate all human remains which are 
retained and awaiting cremation. If the 
cremator." has one or more refrigeration 
units on the premises of the cremators", they 
shall be installed in the holding facility. 

(2) A commercially-manufactured cremation 
unit, within the cremators', made specifically 
for the cremation of human remains, meet- 
ing the following minimum standards: 

(a) .An ash collection pan to minimize 
commingling of cremated remains of one 
human remains with another. 

(b) A hearth or floor svithout depressions so 
as to minimize commingling of cremated 
remains of one human remains with an- 
other. 

(c) A door salety sss'itch to stop the burner 
operation when the front charging door is 
opened. 

(d) A pollution monitoring system to monitor 
and detect smoke when the density ex- 
ceeds apphcable federal and state stand- 
ards, svhereupon the system will 



automatically stop the burner operation 
on a time setting of not less than three 
minutes, 
(e) Approval by Underwriters Laboratory or 
a comparable testing agency. 
(3) A conunerciaUy-manufactured processor, 
within the cremator.", made specifically for 
the pulverization of cremated remains, 
meeting the following minimum standards: 

(a) Capable of consistently processing 
cremated remains to unidentifiable di- 
mensions. 

(b) A dust-resistant processing chamber. 

(c) An exterior surface made of easily cleaned, 
non-corrosive material. 

Statuiorv Authority G.S. 90-210.41(9), (12); 
90-2l0.45(d).(e); 90-2 10.50(a). 

.0203 PULVERIZ.VTION 

Unless otherwise directed by the authorizing 
agent, cremated remains recovered after 
cremation shall be pulverized in the processor 
required by Rule .0202 of this Section, and the 
cremated remains shall then be immediately 
placed in a temporary container or in an urn or 
other permanent container. 

Statulor\- Authoritv G.S. 90-210.41(9); 
90-210.451 e); 90-2I0.50(ai. 

.0204 CREM.\TION CONTAINERS 

Cremation containers shall be closed, leak re- 
sistant and made entirely of combustible materi- 
als. A casket shall not be required as a cremation 
container. 



Statutory A uthority 
90-210.50(0). 



G.S. 



90-210.41(8); 



.0205 LABELS 

The crematory" operator shall attach a typed or 
prmted label to the temporar>' container, urn or 
other permanent container at the time the 
cremated remains are placed therein. If an inside 
and outside container are used, then both shall 
be labelled. Tlie label shall contain the name of 
the decedent, the date of cremation and the name 
of the cremator.". 



Statutory Authoritv 
90-210.50(a). 



G.S. 



90-210.46; 



.0206 CLE.\NLINESS 

.AH areas of the cremator." and holding facility 
devoted to the reception, storage and cremation 
of human remains and to the pulverization and 
delivery of cremated remains, and all equipment 



1540 



5:25 SORTH CAROLINA REGISTER March 1, 1991 



PROPOSED RULES 



located therein, shall be kept in good repair and 
in a sanitary condition and subject to inspection 
by the Board or its agents at all times. 

Statutory Authority G.S. 90-210.41 (9),( 12); 
90-210.50(a). 

SECTION .0300 - ALTHORIZATIONS, 
REPORTS, RECORDS 

.0301 AUTHORIZATION TO CREMATE 

(a) No human remains shall be cremated before 
the crematory operator receives a written state- 
ment signed by an authorizing agent, containing 
the following: 

(1) Express authorization to cremate. 

(2) Name of person who will accept the 
cremated remains. 

(3) Ultimate disposition of cremated remains, 
if known. 

(b) The crematory operator shall retain the 
statement and shall make it available to the 
Board or its agents upon request. 

Statutory Authority G.S. 90-210.44; 
90-2I0.46(a),(e); 90-2l0.50(a). 

.0302 WAIVER FORM 

Form BMS-55 is the waiver of waiting period 
for cremation form. It is used by a person so 
authorized, pursuant to G.S. 90-210. 45(b), to 
notify a crematory operator that the 24-hour 
waiting period for cremation is waived for one 
of the reasons stated in that statute. 

Statutory Authority G.S. 90-210.44; 

90-2l0.45(b); 90-210.50(a); I50B-II(I). 

.0303 RECORD OF CREMATION AND 
DELIVERY 

Every crematory operator shall make a separate 
written record, on a form provided by the Board, 
of each cremation it performs and of the delivery 
of each cremated remains, including evidence by 
signature, postal receipt or its equivalent, of the 
receipt thereof The crematory operator shall 
retain the completed forms and shall make them 
available to the Board or its agents upon request. 



Statutory Authority 

90-2l0.50(a); I50B-II(I). 



G.S. 



90-210.44; 



.0304 CREMATION AND DELIVERY FORM 

Form BMS-56 is the record of cremation and 
delivery form. It is used, pursuant to Rule .0303 
of this Section, to record the name of the 
decedent and the dates and times of death, deliv- 
ery to the crematory, cremation, processing and 
delivery of the cremated remains. 



Statutory A uthority 
90-2I0.50(a); I50B-II(1). 



G.S. 



90-2/0.44; 



.0305 MONTHLY REPORTS 

No later than the tenth day of each month, as 
confirmed by the postmark date, every crematory 
operator shall remit to the Board the per- 
cremation fees for the cremations which the op- 
erator performed during the immediately 
preceding calendar month. The fees shall be ac- 
companied by a statement signed by an author- 
ized representative of the crematory indicating 
the name of the crematory, each decedent's 
name, date of each cremation, the person or 
other entity for whom each cremation was per- 
formed, the number of cremations contained in 
the report and the total amount of fees remitted 
with the report. 

Statutory Authority G.S. 90-210.44; 90-210.48; 
90-2l0.50(a); I50B-II(I). 

.0306 RETENTION OF RECORDS 

A copy of all death certificates, authorizations, 
waivers, statements, reports and other documents 
required by G.S. 90-210.45 and 90-210.46 and by 
the rules in this Subchapter shall be retained by 
the crematory operator for a period of three years 
and shall, during that period, be subject to in- 
spection by the Board or its agents. 



Statutory Authority 

90-210.50(a). 



G.S. 



90-2/0.44; 



1\ otice is hereby given in accordance with G.S. 
/SOB-/ 2 that the North Carolina Real Estate 
Commission intends to adopt rule(s) cited as 2/ 
NCAC 58C .050/ - .05/2; and amend rule(s) 
cited as 2/ NCAC 5SD .0204, .0206. .050/. 

1 he proposed effective date of this action is July 
/, /99/. 

1 he public hearing will be conducted at 9:00 
a.m. on April 3, /99/ at the Office of the North 
Carolina Real Estate Commission, /3/3 Navaho 
Drive, Raleigh, NC 27609. 

l^ omment Procedures: Comments regarding the 
rules may be made orally or submitted in writing 
at the public hearing. Written comments not 
submitted at the hearing may be delivered to the 
North Carolina Real Estate Commission, Post 



5:23 NORTH CAROLINA REGISTER March I, 1991 



1341 



PROPOSED RULES 



Office Box 17100, Raleigh, North Carolina 27619, 
so as to be received by the hearing date. 

CHAPTER 58 - REAL ESTATE COMMISSION 

SUBCHAPTER 58C - REAL ESTATE AND 
APPRAISAL EDUCATION 

SECTION .0500 - APPRAISAL CONTINUING 
EDUCATION COURSES 

.0501 PURPOSE AND APPLICABILITY 

This Section establishes minimum standards for 
appraisal continuing education courses author- 
ized by G.S. 93A-74(b) and required by Rule 
.0204 of Subchapter 58D. These standards must 
be satisfied in order for course sponsors to obtain 
and maintain approval of their courses for ap- 
praiser continuing education credit. Except as 
provided in Rule .0502(a) of this Section, any 
school, organization, agency, individual or other 
entity is eligible to become a course sponsor. 
Course sponsors must obtain course approval by 
the Commission prior to advertising or otherwise 
representing that a course is or may be approved 
for contmuing education credit in North 
Carolina. 

Statutory Authority G.S. 93.4-75(cJ. 

.0502 APPLICATION .VND FEE 

(a) Course sponsors seeking approval of their 
courses as appraisal continuing education courses 
must make written application to the Commis- 
sion on a form prescribed by the Commission. 
A course sponsor must be the owner of the pro- 
prietary rights to the course for which approval 
is sought or must have the permission of the 
course owner to seek course approval. If the 
course for which approval is sought is one that 
may be offered outside North Carolina, and the 
course owner wants the Commission to recog- 
nize such course when it is conducted outside 
North Carolina, application must be made by the 
course owner. 

(b) .An application for original course approval 
that is received after February 15 of any year or 
that is not properly completed by such date shall 
be considered as an application for course ap- 
proval to be effective for the year begLnning on 
the next July 1 following receipt of the applica- 
tion. 

(c) The original application fee shall be one 
hundred dollars ($100.00) for each course for 
which approval is sought, provided that no fee is 
required if the course sponsor is an accredited 
North Carolina college, university, junior college, 
or community or technical college, or if the 
course sponsor is an agency of the federal, state 



or local government. The fee shall be paid by 
certified check, bank check or money order pay- 
able to the North Carolina Real Estate Com- 
mission and is non-refundable. A course sponsor 
may offer approved courses as frequently as is 
desired during the period for which approval is 
granted without paying additional fees. 

Statutory Authority G.S. 03A-75(c),(d). 

.0503 CRITERIA FOR COURSE APPROVAU 

The following requirements must be satisfied in 
order for course sponsors to obtain approval of 
a course for appraiser continuing education 
credit: 

(1) The subject matter of the course must 
comply with the requirements of Rule .0204 
of Subchapter 58D and the information to 
be provided in the course must be both ac- 
curate and current. 

(2) The course must involve a minimum of 
three and one-half classroom hours of in- 
struction on acceptable subject matter. A 
classroom hour consists of 50 minutes of 
classroom instruction and 10 minutes of 
break time. 

(3) The course instructor(s) must possess good 
moral character and either two years' full- 
time experience that is directly related to the 
subject matter to be taught, or a 
baccalaureate or higher degree in a field that 
is directly related to the subject matter to be 
taught, or two years' full-time experience 
teaching the subject matter to be taught, or 
an equivalent combination of such educa- 
tion and experience. If two or more in- 
structors will be utilized to teach a course 
during the approval period and the course 
win be taught in states other than North 
Carolina, it is sufficient for the course spon- 
sor to show that it has minimum instructor 
requirements comparable to these require- 
ments. 

(4) The course must be one involving a quali- 
fied instructor who will be physically present 
in the classroom at all times and who wiU 
personally provide the instruction for the 
course. The course instructor may utrhze 
videotape instruction, remote television in- 
struction or similar types of instruction by 
other persons to enhance or supplement his 
personal instruction; however, such other 
persons may not be considered to be the of- 
ficial course instructor and the official course 
instructor must be physically present where 
such indirect instruction by other persons is 
being utilized. No portion of the course 
may consist of correspondence instruction. 



Ii42 



5:23 NORTH CAROLINA REGISTER March I, 1991 



PROPOSED RULES 



(5) The course must be an educational program 
intended to improve the knowledge, skill 
and competence of state-licensed and state- 
certified real estate appraisers and partic- 
ipation must be open to all state-licensed 
and state-certified real estate appraisers. 
Activities not eligible for approval as a con- 
tinuing education course include trade or- 
ganization conferences, in-house training 
programs of a firm, organization or agency, 
or similar activities. 

(6) The course sponsor must certify that the 
course will be conducted in accordance with 
the operational requirements stated in Rule 
.0506 of this Section and that the course 
sponsor will comply with all other applica- 

_ ble rules contained in this Section. 

Statutory Authority G.S. 93A-75(c). 

.0504 PRE-LICENSING AND PRE- 
CERTIFICATION COURSES 

(a) Appraisal pre-licensing or pre-certification 
courses conducted by North Carolina schools 
approved or licensed to conduct such courses 
under Sections .0100, .0200 or .0300 of this Sub- 
chapter wUl not be approved as appraisal con- 
tinuing education courses. State-licensed and 
state-certified appraisers may obtain continuing 
education credit for these courses only to the ex- 
tent permitted by Rule .0204 of Subchapter 58D. 

(b) Appraisal trade organization courses which 
are formally recognized by the Commission un- 
der Section .0400 of this Subchapter as equiv- 
alent to those North Carolina appraisal 
pre-licensing or pre-certification courses entitled 
Introduction to Real Estate Appraisal (R-1), 
Valuation Principles and Procedures (R-2), In- 
troduction to Income Property Appraisal (G-l), 
and Advanced Income Capitalization Procedures 
(G-2) will not be approved as appraisal continu- 
iag education courses. Other appraisal trade or- 
ganization courses which are not formally 
recognized by the Commission under Section 
.0400 of this Subchapter as equivalent to the 
North ("arolina appraisal pre-licensing or pre- 
certification courses listed in this Paragraph, but 
which are substantially similar in content and 
level of instruction to such courses, will also not 
be approved as appraisal continuing education 
courses. 

(c) Appraisal trade organization courses which 
are formally recognized by the Commission un- 
der Section .0400 of this Subchapter as equiv- 
alent, wholly or in part, to those North Carolina 
appraisal pre-licensing or pre-certification courses 
entitled Applied Residential Property Valuation 



(R-3) and Applied Income Property Valuation 
(G-3) will automatically be considered to be 
Commission-approved continuing education 
courses, and the appraisal trade organization is 
not required to submit an application for ap- 
proval of these courses under this Section; pro- 
vided, however, that the appraisal trade 
organization must at all times assure compliance 
with Rules .0506, .0507 and .0508 of this Section 
in order to retain such approval for these courses. 

Statutory Authority G.S. 93A-75(c). 

.0505 CONTINUING EDUCATION CREDIT 
HOURS 

The course approval issued to a course sponsor 
will include the number of hours of continuing 
education credit that wiU be awarded for the 
course. The minimum number continuing edu- 
cation credit hours awarded for a course wiU be 
three and one-half hours and the maximum 
number of continuing education credit hours 
awarded for a course will be ten hours. 

Statutory Authority G.S. 93A-75(c). 

.0506 COURSE OPERATIONAL 
REQUIRE.V1ENTS 

Course sponsors must at aU times assure com- 
pliance with the criteria for course approval 
stated in Rule .0503 of this Section and must also 
comply with the foUowing requirements relating 
to scheduling, advertising and conducting ap- 
proved appraisal continuing education courses: 

(1) Courses must be scheduled and conducted 
in a manner that limits class sessions to a 
maximum of seven classroom hours in any 
given day and that includes appropriate 
breaks for each class session. 

(2) Course sponsors must not utilize advertis- 
ing of any type that is false or misleading in 
any respect. If the number of continuing 
education credit hours awarded by the 
Commission for a course is less than the 
number of scheduled classroom hours for 
the course, any course advertisement or 
promotional materials which indicate that 
the course is approved for appraiser contin- 
uing education credit in North Carolina 
must specify the number of continuing edu- 
cation credit hours awarded by the Com- 
mission for the course. 

(3) Course sponsors must, upon request, pro- 
vide any prospective student a description 
of the course content sufficient to give the 
prospective student a general understanding 
of the instruction to be provided in the 
course. 



5:2i NORTH CAROLIN.A REGISTER March I, 1991 



1343 



PROPOSED RULES 



(4) Courses must be conducted in a facility that 
provides an appropriate learning environ- 
ment. At a minimum, the classroom must 
be of sufficient size to accommodate 
comfortably all enrolled students, must be 
equipped with student desks or worktables 
with chairs for all enrolled students, must 
have adequate light, heat, coohng and ven- 
tilation, and must be free of distractions that 
would disrupt class sessions. 

(5) The course sponsor must require students 
to attend at least 90 percent of the scheduled 
classroom hours in order to satisfactorily 
complete the course, even if the number of 
continuing education credit hours awarded 
by the Commission for the course is less 
than the number of scheduled classroom 
hours. Attendance must be monitored dur- 
ing aU class sessions to assure compliance 
with the attendance requirement. 

(6) Instructors must require reasonable student 
attentiveness during class sessions. Students 
must not be permitted to engage in acti\ ities 
that are not related to the instruction being 
provided. 

(7) Course sponsors for which an application 
fee is required by Rules .0502(c) and 
.0511(b) of this Section must fairly adminis- 
ter a reasonable course cancellation pohcy. 
In the event a scheduled course is canceled, 
reasonable efforts must be made to notify 
preregistered students of the cancellation and 
all prepaid fees received from such preregis- 
tered students must be refunded within ten 
days of the date of cancellation or, with the 
student's permission, applied toward the fees 
for another course. Such course sponsors 
must advise all students of the sponsor's fee 
refund policies not later than the time of 
registration or preregistration. Any flyer, 
brochure or advertisement soliciting prereg- 
istration and preregistration fees by mail 
must include a description of the course 
sponsor's policy regarding refund or fortei- 
ture, as appropriate, of such preregistration 
fees in the e\'ent the preregistered student 
does not attend the course. Any deviations 
from established fee refund policies must be 
for the benefit of the student. 

Statutory Authority G.S. 93A-'^5{cj. 

.0507 CERTIFICATION OF COLRSE 
COMPLETION 

Course sponsors must promptly issue a certiJ- 
icate of course completion to all students who 
satisfactorily complete an approved course. If 
the course was conducted in North Carolina, the 



certificate, which the student must submit to the 
Commission to verify course completion, must 
be on a form or in a format prescribed by the 
Commission and must bear the original signature 
of a person designated by the course sponsor to 
sign such certificate. The course sponsor must 
notify the Commission in advance of the 
person(s) designated to sign certificates of course 
completion for courses conducted in North 
Carolina. If the course was conducted outside 
North Carolina, the certificate provided for sub- 
mission to the Commission must show the name 
of the course sponsor, the name of the course, 
the number of classroom hours, the course dates, 
the state or city where the course was conducted, 
and the full name of the student. 

Statutory Authority G.S. 93A-75(c). 

.0508 SLBMISSION OF COLRSE ROSTER 

The course sponsor of courses conducted in 
North Carolina must, within 30 days of course 
completion, submit to the Commission a roster, 
in a format prescribed by the Commission, of all 
North Carolina state-licensed and state-certified 
appraisers who satisfactorily completed the 
course. Tlie course sponsor of courses con- 
ducted outside North Carolina is not required to 
submit such a roster. 

Statutory Authority G.S. 93A-75(c). 

.0509 CH.\NGES DURING THE .APPROVAL 
PERIOD 

Course sponsors must obtain advance approval 
from the Commission for any changes to be 
made in approved courses with regard to the 
number of classroom hours, course content or 
instructors (instructor qualification requirements 
if more than one instructor is used to teach the 
course and the course is taught in states other 
than North Carolina). Requests for approval of 
such changes must be in writing. 

Statutory .Authority G.S. 93A-75(c). 

.0510 COLRSE RECORDS 

Course sponsors must retain on tHe for three 
years records of student registration and attend- 
ance for each appro\"ed course that is conducted 
and must make such records available to the 
Commission upon request. 

Statutory Authority G.S. 93A-75(c). 

.051 1 RENE\V.\L OF .\PPROV.\L .AND FEES 

(a) Commission approval of appraisal contin- 
uing education courses expires on the next June 



li44 



5:23 \ORTH CAROLL\A REGISTER March 1. 1 99 1 



PROPOSED RULES 



30 following the date of issuance. In order to 
assure continuous approval, applications for re- 
newal of Commission approval, accompanied by 
the prescribed renewal fee, should be filed with 
the Commission annually on or before June 1. 
Incomplete renewal applications which are not 
completed by July 1 shall be treated as original 
appUcations. 

(b) The annual fee for renewal of Commission 
approval shall be thirty-five dollars ($35.00) for 
each course for which renewal of approval is re- 
quested, provided that no fee is required for 
course sponsors that are exempted from original 
application fees by Rule .0504 of this Section. 
The fee shall be paid by check payable to the 
North Carolina Real Estate Commission and is 
non-refundable. 

Statutory Authority G.S. 93A-75(c),(d). 

.0512 WITHDRAWAL OR DENIAL OF 
APPROVAL 

The Commission may deny or withdraw ap- 
proval of any course upon fmding that: 

(1) the course sponsor has made any false 
statements or presented any false informa- 
tion in connection with an application for 
course approval or renewal of course ap- 
proval; 

(2) the course sponsor has refused or failed to 
comply with any of the provisions of this 
Section; 

(3) the course sponsor has engaged in a pattern 
of consistently canceling scheduled courses; 
or 

(4) the instruction provided in a course is of 
unsatisfactory quality. 

Statutory Authority G.S. 93A-75(c). 

SUBCHAPTER 58D - REAL ESTATE 
APPRAISERS 

SECTION .0200 - APPRAISER LICENSING AND 
CERTIFICATION 

.0204 CONTINUING EDUCATION 

(a) AU real estate appraiser licensees and cer- 
tificate holders shall, upon the second renewal of 
their license or certificate following their initial 
licensure or certification b;^ the Commission, and 
upon each subsequent renewal, A% » prer e quisite 
te ronowal »f a feai octato approiGor lioonoo »f 
certificat e fof th» yeaf J«ly 47 1993 - Juno ^ 
1993 afid Dubooquont y e ars, t4*© liconooo ef cortif 
icato holder shall present evidence satisfactory to 
the Commission of having complotod, obtained, 
during the immediat e ly immediate preceding 
year, education consisting of at least ten class- 



room hours of instruction. Except as provided 
in Paragraphs (1} and (j) of this Rule, such edu- 
cation must have been obtained by taking 
courses approved by the Commission for con- 
tinuing education purposes. Such education 
must relate to real estate appraisal and must 
contribute to the goal of improving the know- 
ledge, skill and competence of state-Ucensed and 
state-certified real estate appraisers. 

(b) For all state-Ucensed and state-certified real 
estate appraisers, at least three and one-half hours 
of the required ten classroom hours must be ob- 
tained by taking a Commission-approved con- 
tinuing education course that covers one or more 
of the foUowing "appraisal law" topics: 

(1) the North Carolina Real Estate Appraiser 
Act and the North Carolina Real Estate 
Commission's rules relating to appraisers; 

(2) the Uniform Standards of Professional 
Appraisal Practice promulgated by the 
Appraisal Standards Board of the Ap- 
praisal Foundation; or 

(3) federal laws, regulations or guidelines 
governing appraisal practice , including 
guidelines relating to appraisal practice is- 
sued by the Federal National Mortgage 
Association. 

(c) For state-licensed and state-certified resi- 
dential real estate appraisers, the remaining six 
and one-half hours of the required ten classroom 
hours must be obtained by taking Commission- 
approved continuing education courses which 
cover the application of appraisal theory, con- 
cepts or methodology to the appraisal of resi- 
dential one-to-four unit properties, including 
farms having residences, or which provide 
appraisal-related information important to resi- 
dential appraisers, such as courses on real prop- 
erty law, real estate finance and investment, 
residential construction, land use planning and 
controls, and similar topics. 

(d) For state-certified general real estate ap- 
praisers, the remaining six and one-half hours of 
the required ten classroom hours must be ob- 
tained by taking Commission-approved continu- 
ing education courses which cover the 
application of appraisal theory, concepts or 
methodology to the appraisal of any type of real 
estate, or which provide appraisal-related infor- 
mation important to general appraisers, such as 
courses on real property law, real estate finance 
and investment, building construction, land use 
planning and controls, statistics, accounting, 
property management, blueprint reading, prop- 
erty development, and similar topics. 

(e) Each appraisal continuing education course 
must involve a minimum of three and one-half 
classroom hours of instruction on relevant topics 



5:23 NORTH CAROLINA REGISTER March 1, 1 99 1 



1345 



PROPOSED RULES 



as described in either Paragraphs (b), (c) or (d) 
of this Rule and students must attend at least 90 
percent of the scheduled classroom hours in or^ 
der to satisfactorily complete the course. 
(f) No carrv'-over to a futu re year of excess 



continuing education credit hours obtained in a 
previous year is permitted. A minimum of ten 
hours of continuing education must be obtained 
during each year. 

(g) Course sponsors must provide a prescribed 
certificate of course completion to each licensee 
and certificate holder satisfactorily completing a 
course. The licensee or certificate holder should 
submit the onginal of this certificate to the 
Commission as soon as possible after completing 
the course and must submit such certificate not 
later than the next June 30 following course 
completion. In order to renew a license or cer- 
tificate in a timely manner, the Commission must 
have received from the licensee or certificate 
holder proper proof of his having fuUy satisfied 
the continuing education requirement prior to 
processing his license or certificate renewal ap- 
pUcation. If a licensee or certificate holder fails 
to provide by June 30 of any year proper proof 
of ha\ing fully satisfied the contmumg education 
requirement, his Ucense or certificate wUl expire 
as of that date and he will be subject to the pro- 
visions of Rules .0203(c) and .0206 of this Sec- 
tion. 



(h) A course may be taken only once for con- 
tinuing education credit within a three-year pe- 
riod. 

(i) A current or former licensee or certificate 
holder may request that the Commission grant 
continuing education credit for a course taken by 
the Ucensee or certificate holder that is not ap- 
proved by the Commission, or for appraisal ed- 
ucation activity equivalent to a 
Commission-approved course, by making such 
request on a form prescribed by the Commission 
and submitting a non-refundable fee of fifty dol- 
lars (S50.00) for each course or type of appraisal 
education activity to be evaluated. Continumg 
education credit for a non-approved course will 
be granted only if the Ucensee or certificate holder 
provides satisfactory proof of course completion 
and the Commission finds that the course satis- 
fies the requirements for appro\al of appraisal 
contmuing education courses by the Commission 
with regard to subject matter, course len.gth. in- 
structor qualifications, and student attendance. 
Apprais:il education activities for which credit 
may be awarded include, but are not limited to, 
teaching appraisal courses, authorship of ap- 
praisal textbooks, and de\elopment of instruc- 
tional matenals on appraisal subjects. The 



awarding of credit for such activities is wholly 
discretionary on the part of the Commission. 

(i) A state-licensed or state-certified residential 
real estate appraiser may fuUy satisfy the contin- 
uing education requirement by taking the Ap- 
plied Residential Property Valuation (R-3) 
pre-licensing and pre-certification course, pro- 
vided that he has not taken such course within 
the previous three years. A state-certified general 
real estate appraiser may fuUv satisfy the contin- 
uing education requirement by taking either the 
Apphed Residential Valuation (R-3) pre- 



licensing and pre-certification course or the Ap- 
plied Income Property Valuation (G-3) 
pre-certification course, provided that he has not 
taken either of these courses within the previous 
three years. 

(k) A licensee or certificate holder may request 
in writing and be granted an extension of time to 
satisfy the continuing education requirements if 
he provides evidence satisfactory to the Com- 
mission that he was unable to obtain the neces- 
sary' education due to an incapacitating illness or 
similar condition. If an extension of time is 
granted, the hcensee or certificate holder uill be 
permitted to renew or reinstate, as appropriate, 
his license or certificate for that period of time for 
which the extension was granted. The granting 
of such requests and the length of any extension 
of time granted are wholly discretionary on the 
part of the Commission. 



Statutory Authority 
93A-75(d); 93A-77. 



G.S. 93A-74(a),(b): 



.0206 EXPIRED LICENSE OR CERTIFICATE 

(a) Expired real estate appraiser licenses and 
certificates may be reinstated within 12 months 
after expiration upon proper application, aft4 
payment to the Commission of the seventy-five 
doUar ($75.00) renewal fee plus a late fding fee 
of ten dollars ($10.00) per month for each month 
or part thereof that such license or certificate is 
lapsed, and provision of proof of having obtained 
continuing education equal to the total number 
of classroom hours that would have been re- 
quired had the license or certificate been contin- 



uously; renewed. 

Statutory A uthority 
93A-75(d): 93A-77. 



G.S. 93A-74(b),(c); 



SECTION .0500 - STAND.ARDS OF APPRAISAL 
PRACTICE 

.0501 APPRAISAL ST.ANDARDS 

(a) Ever}' state-licensed and state-certified real 
estate appraiser shall, in performing the acts and 



1346 



5:23 NORTH CAROLINA REGISTER March I, 1 99 1 



PROPOSED RULES 



senices of a state-licensed or state-certified real 
estate appraiser, comply with those appraisiil 
practice standards known as the "L'niform 
Standards of Professional Appraisal Practice" 
promulgated by the Appraisal Standards Board 
of the Appraisal Foundation, which stand;irds are 
hereby adopted by reference in accordance with 
G.S. 150B- 14(c). For the purpose of this Rule, 
the "I nifonn Standards of Professional Ap- 
pr;iisal Practice" shall include the Preamble, 
Fthics Pro\ision, Competency Provision, De- 
parture Pro\ision, Jurisdiction;d Fxception, De- 
finitions, Supplemented Standards, Statements on 
Appraised Stemdards, and Standards 4- aft4 3t j^ 
2, and 3. 

(b) Copies of the "Iniform Standards of I'ro- 
fessioncd Appraisal Practice" are a\ailable upon 
request to the Commission. 

Statutory Authority G.S. 93.4-^". 

in IK 25 - OFFICE OF SFATE 
PFRSOWFL 

I\ otice is hereby gi\-en in accordance with G.S. 
I50B-I2 that the Office of State Personnel State 
Personnel Commission intends to amend rule(s) 
cited as 25 .\C.4C ID .1126: IE .1305: lO .0201 
- .0203. .0303 - .0304: adopt rule(sl cited as 25 
.\CAC IE .0S20: and repeal mleis) cited as 25 
\C.-IC lO .0305. 

1 he proposed effective date of this action is Julv 
I. IQQI. 

I he public hearing will be conducted at 9:00 
a.m. on .April 2. 199/ at the Personnel Develop- 
ment Center. 101 West Peace Street. Raleigh. 
\orth Carolina. 



Co 



omment Procedures: Interested persons may 
present statements either orally or in writing at the 
public hearing or in writing prior to the hearing 
by mail addressed to Drake .Mavnard. Office of 
State Personnel. 1 16 W. Jones Street. Raleigh. 
.\orth Carolina 2''603. 

CHAPTER 1 - OFFICE OF STATE PERSONNEL 

SL BCMAPTER ID - COMPENSATION 

SECTION .1 100 - PERFORM.VNCE SALARY 
INCREASES 

.1 126 PERFORMANCE SALARY INCREASE 
EFFECTIN E D.\TES 

Perlbrmancc mcreases sh;ill be gr;mted on the 
tlrst day of the pay period svluch mcludoL . nearest 



to the first day of th» month h* »ft¥ »f ih» fol- 
kni i ing months: i\uuu ' . . t , No' i cmbor, Fobruary 
a«4 May. August or imy month following dur- 
ing the fiscal year. Increases shall be peiid on a 
current basis m the month in which they are ef- 
fecti\e and shall not be retroactive. This includes 
initial increases, as well as partied increases 
granted later in the vear. The pertbrmance in- 
crease shall be based on the employee's overall 
performance rating for the most recent perform- 
ance appraisal review cycle. .'\n employee shall 
receive a performance appraisal review at least 
once during every fiscal year. An employee may 
receive more than one perlbnn;mce increase dur- 
ing a fiscal year, but the total pertbrmance in- 
crease for a fiscal year shall not exceed the 
ma.vimum percent set by the OtTice of State Per- 
sonnel. 



Statutory' .Authority G.S. 126-7. 

SLBCHAPTER IE - EMPLOYEE BENEFIIS 

.0820 SPECIAL PROMSION FOR 

EMPLOYEES RETl RNING//PERSIAN 
GLLF CONFLICT 

Upon reinstatement from military leave without 
pay following return from active duty during the 
Persian Gulf conflict (beginning on August 2, 
1990), employees shall be credited with SO hours 
(10 days) of personal leave. This leave may be 
used immediatel) upon reinstatement or, with 
approval of the supervisor, it may be used at emy 
time during the 12 months followmg rein- 
statement. This leave must be kept separate 
from vacation leave. If it is unused at the end 
of 12 months, it will be lost. If an employee 
separates before all of the leave is used, any b;d- 
ance will be lost. 

Statutory Authority G.S. 126-4. 

SECTION .1300 - vol LNTARY SHARED LEAVE 
PROGRAM 

.1305 PARTICIPATION REQLIREMENTS 

(a) A non-family member donor may contrib- 
ute only vacation leave to cuiothcr emplovee 
uitliin the same department or uni\ersitv. A 
non-familv donor mav not contribute lca\e out- 
side the parent agency. A feiinily member who 
is a state employee may contribute vacation or 
sick leave to another immediate family member 
state employee in any department or university, 
pro\ided the recipient emplo\ee has been ap- 
pro\ed for leave transfer under this program. 
For transfer of sick lea\e to an immediate f.mrily 
member, iminediate family member is defmed as 
spouse, parents, children (including step re- 



5:23 .\ORTH CAROLINA REGISTER March /, 1991 



Lu: 



PROPOSED RULES 



lationships) and any dependents living in the 
employee's household. For transfer of vacation 
lea\c to an immediate family member, immediate 
family is defined as spouse, parents, children, 
brother, sister, grandparents, and grandchildren. 
.Vlso included are the step, half, and in-law re- 
lationships. 

Statutory Authority G.S. 126-4. 

SI BCH APTKR lO - PFRFORMANCE 
MANAGtMEM SVSIKM 

SECTION .0200 - THE l'ERFOR>E\NCE 
^E\^AGE^IEM SYSTEM 

.0201 PERFOR>E\NCE MANAGEMENT 
PROCESS 

The Performance Management Process is the 
sequence of actions that super\isors and manag- 
ers take when interacting with employees about 
their perfonnance. The three r . tL ' pc parts of this 
Process .ire a* foUo' t V!: ' : planning, managing and 
appraising. These parts are accomplished bv: 

(1) DotormiiK' PortonnmiCL' b' xpeotutiona: 
Plannmg. 

(a) .-\t the beginning of the work period, c\cle. 
the supervisor and the employee shall 
meet to determme the employee's per- 
formance expectations. It is the supervi- 
sor's responsibilit}- to explain the 
performance management process to the 
employee so that the employee under- 
stands the importance of kk his her role 
in the organization. Thio is a 1 he pur- 
pose of this planning meeting mtondod is 
to discuss and record the employee's cur- 
rent responsibilities plus the expectations 
that describe successful completion of 
each responsibility, .Another purpose is 
to identif\' how the expectations of each 
responsibilit\ \\ ill be achieved bv the use 
of Dimensions or beha\iors skills. 

(b) .\s soon as perlomiance expectations are 
agreed upon. tW laipoP i i '. or i . hould b e gin 
om ploying modeling cwni coaching tijch 
niqu ^ f i tk*f- aii? continuous , throughout tb* 
cycle'. Modeling i^ putting po ' jiti' . o Bf- 
giinuuitional aft4 managcnal bohu' i iorf i 
H+k* practicL'. Coaching » chocking vsith 
LMiiplo; i OL' ' j k+ dett ' nnin e aH4 guide }t4* 
portormance. tracking sources must be 
identified which will pro\ide an accurate 
picture of perlorm:mce throughout the 
c\cle. 

(c) The responsibilit\' result, the correspond- 
ing expectation(s) and the tracking 
source! s) and frequency of tracking shrill 
then be recorded on the work plan. 1 he 



same procedure shall be used for recording 
the Dimensions or beha\iors skills to be 
used to achieve the performance expecta- 
tions. 
(2) Hold the Interim Review: 
(a) This part of the Performance Management 
process includes the da\-to-da\- monitor- 
ing of the emplovee s progress toward 
achieving the performance expectations. 
Ihe tracking sources that were identified 



must be re\iewed with the agrees 



-upon 



frequency to determine how peribrmance 
is progressing. Intormation gathered from 
these tracking sources should be used by 
the supervisor to coach the emplovee to 
improxe or maintain performance iri those 
areas where lob performance and or use 



of Dimensions 
at the '"Good' 



or beha\ior 
le\e 



skills are not 



Tracking sources 

should also be used bv the supervisor to 
reinlbrce the emplo\ee to maintain 
•'Cjood" le\el or improsed performance in 
those areas where expectations are being 
met. h\er\' supervisor shall meet with 
each employee at least at the midpoint of 
the work period for an interim review of 
performance. The purpose of this meet- 
ing is to discuss progress in meeting es- 
tablished expectations and initiate action 
toward improvement, if needed. It is in- 
tended to be informal in nature but must 
be documented by date as well as by 
placing a summar>' of the discussion in 
each employee's file. Progress toward 
each of the employee's expectations must 
be discussed in detail. If there are reasons 
why certain expectations can not be met, 
the supervisor and the employee shall de- 
termine alternative expectations or delete 
them from the work plan. The o\erall job 
performance shall also be discussed. 

I'hroughout the work period, the super- 
visor continues to model afi4 coach and 
reinforce employees because this is a vital 
part of the Performance Management 
Process. 

¥h* Hse e4^ tte component t^ recom 
mend e d, h^ optiond until ^«ly 4-r U^Q 1 . 
i\fter t^wrt- dat e , its hs«* rhall b^ mandatopr. 
(3) Perlormctnc e Apprciioul Re' i iev , : .Vppraising. 
At the end of the work period, e\er> super- 
visor shall meet with each employee to re- 
\iew the employee's actual performance 
against the expectations set at the beginning 
of the work period. The supervisor shall 
discuss how well the work was perfiirmed, 
identify good pertbnnance, and performance 
which needs improvement. The supervisor 



(b) 



^ 



1348 



5:2} NORTH CAROLIiXA REGISTER March 1, 1991 



PROPOSED RULES 



shall also discuss how well the Dimension(s) 
or skiUs/behaviors had been used to achieve 
the expectations during the work cycle. 
They should also agree on a plan for im- 
provement, as needed, for the next work 
plan period. The supervisor shall determine, 
communicate, and explain the rating for 
each expectation to the employee. The 
performance rating(s) shall be discussed so 
that each employee is told how he/she per- 
formed in achieving each expectation as well 
as how they performed in using the Dimen- 
sions or skills; behaviors durmg the v^'ork 
cycle to achieve the expectations. 7he 
overall performance rating shall also be dis- 
cussed so that each employee is told how he 
performed his job overall throughout the 
~ work poriod. cycle. The results of this 
meeting must be recorded in the official 
Performance Appraisal Summary and signed 
by the employee, supervisor, and the super- 
visor's manager. 

Statutory Authority G.S. 126-4: 126-7. 

.0202 COMPONENTS OF AN OPERATIVE 
SYSTEM 

In addition to the three step part process (see 
25 NCAC 10 .0201) that supervisors must use 
when interacting with employees, there are cer- 
tain components which each agency's system 
must have. An operative Performance Manage- 
ment System must have all of the following 
components to be approved: 
(1) Agency-Specific Policy. Top management 
within each department, agency, and insti- 
tution shall develop, implement, and ad- 
minister a Performance Management pohcy. 
This policy and procedures shall be tailored 
to meet the needs of the organization within 
the parameters of this Section. Each policy 
must reflect the conscious decisions that 
agency management makes in designing 
their performance management system not 
inconsistent with this policy. A department, 
agency or institution's policy must include: 

(a) /Vll of the components of an operati\e 
system; 

(b) Instructions about how the system will 
operate using the three step part perform- 
ance management process; 

(c) .An explanation about the role of the em- 
ployee, the supervisor, aft4 the supervi- 
sor's manager, and top management; 

(d) A provision requiring that one of the re- 
sponsibilities included in each supervisor's 
and manager's work plan is managing the 
performance of subordinate employees in 



accordance with the agency's Performance 
Management policies and procedures; 

(e) Sanctions to be levied by the agency head 
if all provisions are not met; 

(f) Relationships of Performance Manage- 
ment to other human resource systems; 

(g) Responsibilities of departments, agencies 
and institutions. 

(2) Individual Work Plan. Each employee 
shall have a work plan established at least 
on an annual basis. A work plan is a spe- 
cific course of action outlining the significant 
responsibilities and dutioo results of an em- 
ployee's job, talcon from based on the em- 
ployee's position description. If no position 
description exists, one shall be written using 
a job analysis approach. Expootationo must 
fee written vpt bohaviorol tormo fof e ach fe- 
oponsibility and/or duty. Performance ex- 
pectations must be written for each 
responsibility result and for each dimension, 
if used. 
(a) Expootationo afe tfee obj e ctiv e m e ariur e s ef 
critoria which stata sp e cifically how pef- 
formano e is m e acurod throughout tfee ey- 

dioouooion during tbe int e rim aft4 ap- 
praioal ro' i iowo. Exp e ctations must be 
writton at- t4»e "moots r e quir e m e nts Ib' i 'qI". 
Thoso Qxpoctationo must be substantiv e 
aB4 inoludo critical indicators se- tha4- if 
evor)'onL» m a wwl- porlbrmod at- tfeat lovol, 
the unit's goals aft4 objoctivos would be 

both results aft4 boha' . ioro. Tfee ' ■ ' ■ ork 
plan must ake include the mothods ' ■ vhioh 
afe going te- be uood m collooting infor 
mation about the indis idual'o perform 
anco. Eoch omployoe'o work plan should 
includo a measure »f the ongoing aspects 
ef each job as ¥reH- a* aft¥ special one time 
projects and or goals. A m e asur e ef both 
the day to day activiti e s aft4 the 
projects; goals combin e d compris e a tfwe 
picturo »f the total job being performed. 
UTion the workplan k complotod, it must 
be dated aft4 ' igned by the employee, the 
oupop i isor afi4 the sup e rT . isor"s manag e r. 

I 11^' J ti I TV I T r L' u i 1 1, iu-i_i 1 J 1 1 1\. LJ 1 1 jLj-i 1 m HI nj ii lu 

employee must receive a copy. Perform- 
ance expectations must be written at the 
"Good" level. Performance expectations 
include the results to be achieved in a 
given period as well as the beha\iors or 
skills needed to accomplish these results 
as stated throughout this pohcy and 
guidelines. The work plan must also in- 
clude the tracking source frequency which 



5:25 NORTH CAROLINA REGISTER March I, 1991 



1349 



PROPOSED RULES 



is .going to be used in collecting informa- 
tion about each employee's performance. 
Actual results and behaviors must be re- 
corded for each expectation at the end of 
the cycle. 

(b) 4-be mothod(o) »«»4 te dofin e'e otablish e*- 

pcctations mur . t be congruent vrith ti*e j»b 
being done ttft4 th* numb e r ef omployoes 
doing i^ Methods oolooted must ensur e 
ttet- Porformcm ^e Management Syst e ms 
afe as logally defensible a* possible. If aft 
ag e ncy chooses, i* may write standards at 
each level &f Ae rating scal e f»f groups ef 
omployous performing repetitiv e , stand 
ardij'.ed jobs. if aft agency chooses to 

as performance factor rating ooalos fef 
specific categories ©f jobs, approval shall 
be required by Ae Office ef State Person 
fiei before tbe scal e i» implemented. Each 
employee's uork plan should include a 
measure of the ongoing aspects of each 
job as weU as any special one-time 
projects and, or goals. Work plans shall 
include the results of the work being done 
and the behaviors skills needed to accom- 
phsh the results. When the work plan is 
completed at the beginning of the c\cle, 
it must be signed and dated by the em- 
plo\ee, the supervisor, and the supeni- 
sor's manager. ]f changes are made on the 
work plan during the cycle, the employee, 
the supervisor, and the manager must ini- 
tial and date the changes before it is ef- 
fective. In both of these cases, the 
supervisor retains the original and the 
employee must recei\'e a copy. If a 
responsibility result, dimension or per- 
formance expectation can not be accom- 
phshed at all five levels during the year 
due to circumstance bevond the control 
of the employee, it will not be rated dur- 
ing the intenm or the tlnal appraisal. As 
soon as the supervisor determines that it 
cannot be accomplished, it must be dis- 
cussed with the manager and the em- 
ployee, i'he work plan pnonties must 
then be adjusted immediately so the work 
being done may be tracked accurately. 

(c) If there are large numbers of employees 
who are doing basically the same work, 
their work plans must be the same except 
for the parts of the job being done which 
are not alike. Ihis ensures that the 
agency is legally defensible. if persons 
doing the same work do not have work 
plans which retlect these similarities, the 
agency is not defensible. 



(3) N.C. Rating Scale. ¥be North Carolina 
Plating Scale shall be used by every depart 
ment , agency, aft4 institution, fe i« at least 
a &ve level rating scal e . The lev e ls aft4 de- 
finitions follows: The North CaroUna Rat- 
ing Scale shall be used by every department, 
agency and institution to determine the em- 
ployee's progress toward achieving perform- 
ance expectations. Ihe "Instructions for 
Completing the Work Plan," as published 
by the Office of State Personnel, shall be 
used throughout the cycle by ever>' depart- 
ment, agency and mstitution. All employ- 
ees, supervisors and managers must be 
informed of the N.C. Rating Scale at the 
beginning of the cycle in which it is used. 
The scale is as follows: 



(a) 



(b) 



Level Ofte - Does Ret moot e xp e ctations. 
Outstanding Performance = O. Per- 
formance is far above the defmed job ex- 
pectations. The employee consistently 
does outstanding work, regularly going far 
beyond what is expected of employees in 
this job. Performance that exceeds ex- 
pectations IS due to the effort and skills 
of the employee. /Vny performance not 
consistently exceeding expectations is mi- 
nor or due to e\'ents not under the control 
of the employee. 

I c" . el Two - Me e ts e xp e ctations. Very 
Good Performance = VG. Performance 
meets the defmed job expectations and in 
man\' instances, exceeds job expectations. 
The employee generally is domg a \'ery" 
good job. Performance that exceeds ex- 
pectations is due to the effort and skills 
of the employee. 



(c) I c' l el Thre e - Occasionally oxcoods expoc 

tations. Good Performance = G. Per- 
formance meets the dellned job 
expectations. The employee generally 
performs accordmg to the expectations 
doing a good job. The employee is doing 
the job at the level expected for employees 
in this position. The good perlormance 
is due to the employee's own effort and 
skills. 

(d) Lovel Four - Exceeds expectations. Ap- 

proaches Good Performance = AG. 
Pertbrmance meets some of the job ex- 
pectations but only partialh' meets the re- 
mainder. The employee genercdlv is doing 
the job at a minimal level, and improve- 
ment IS needed to fuUy meet the expecta- 
tions. Performance borders on or 
approaches a good job. lapses in per- 
formance are due to the employee's lack 
of effort or skills. 



7550 



5:23 NORTH CAROLINA REGISTER March 1, 1991 



PROPOSED RULES 



(e) Los'ol ftve - Froquantly oxcoodu oxpoota 
tiono. Unsatisfactory Performance = U. 
Performance generally fails to meet the 
defmed expectations or requires frequent, 
close supervision and/or the redoing of 
work. The employee is not doing the job 
at the level expected for employees in this 
position. Unsuccessful job performance 
is due to the employee's own lack of effort 
or skills. 

nTirt^iiT?^^^^ ^^v^^^v L^^^^^^ ^^c^^^F ^^T I ^' -' 1 ^^j ^^T^^^^r ^^^^^^r 

.-. 1 -i-iy-t 1 1 wtt t r^ i~t r' y^r\\,-i. t n t /-y .-■ ■--t TT-i «-v 1 1 -I «-l /-■ ja 1 1 f< t l-> 4*^^^^ 
CT T \J1 fj.ll I \J.l lA ie~ UVU.lt.' iTTTTT C"TTTTTTTTTCTTTC?C T» 1 11 1 LIl^JLTVJ 

nmv- lovoln. Wh e n a new rating scale i« ifH- 
plcment e d, managers, supor i 'iDoro, aft4 efH- 
ployooo must be inform e d a«4 train e d m tbe 
aee ©f tb# n e ^' moaouros. Employooo must 
b# informed ef A« Hew scale at- tbe b e ginning 

tTT TT^P t-' T f I V II I Til llVl 1 11 1 V T tTTTT t 'V tl .t\JTJ . 

Agoncioo wiil- base to notify tbe Offieo »f (b) 

Stat e Personnel ef tbe cours e »f action their 
agency w^ follow fef i»»» aa4 44»Qr Qp- 
tional cours e s »f action to- Iwlp' agencies 
chang e from their current scales are outlined 
m tbe GuideUnos. fSee 2# NCAC 4Q Section 
.0300.) 
If use of the N.C. Rating Scale proves that pcir- 
ticular job(s) could not be defmed without com- 
promising accuracy at the meets level, the agency (c) 
head may petition the Office of State Personnel 
to use an alternative approach. The approach 
and the scale shall be approved by the Office of (5) 
State Personnel, prior t» ««» i» the rospoctivo 
agency. 
(4) Performance Appraisal Summary. An of- 
ficial Perfonnance Appraisal Summary is 
required (on at least an annual basis) for all 
employees and shall be maintained during 
the work period, completed at the end of the 
work period (at least annually), and placed 
in the employee's file. At the beginning of 
the work period, the supervisor shall record 
the employee's performance expectations in 
the Summary and ensure concurrence of the 
supervisor's manager, 
(a) At the end of the work period, the super- 
visor shall indicate a rating for each pe^ 
formanco expectation aft4 include a 
similar evaluation »f tb# e mployee's over 
aH- portbnmanoo » tfee Summary. (6) 
responsibility result as wcU as each Di- 
mension or behavior, skills and record the 
actual perlbrmance results. A Summary 
evaluation statement statement(s) by the 
supervisor must be included supporting 
the overall rating. The employee should 
shall also be provided space and the op- 
portunity to comment on his o' l ^eraU Fat- 
iftgr rating(s). The Perfonnance 



Appraisal Summary shall then be signed 
and dated by the employee, the supervi- 
sor, and the supervisor's manager, treated 
in a confidential manner and filed in the 
Agency's official performance appraisal 
file. No changes shall be made or com- 
ments added to the Summary without the 
employee's knowledge. If additional in- 
formation is needed, it must be initialed 
and dated by the employee, the supervisor 
and the supervisor's manager. If an em- 
ployee chooses not to sign the Summary, 
it is management's responsibility to deter- 
mine an alternative method of document- 
ing that the appraisal has been completely 
discussed with the employee. Each em- 
ployee is to be given a copy of his Ap- 
praisal Summary. 

Each employee shall be notified by h*& 
supop i 'isor ' ■ ' ■ 'h e r e his P e rformance Ap- 
praisal Summary '» kept, receive a copy 
of the signed and completed work plan- 
ning document and shall be informed 



where this document is kept. The sum- 
mary shall be kept for three years and 
disposed of according to G.S. 121.5(b), 

The same overall rating must be indicated 
on the form requesting an employee's 
performance salary increase. 
Development or Performance Improvement 
Plan. Each department, agency, or insti- 
tution's work planning document must in- 
clude space for a development or 
performance improvement plan to be used 
as appropriate to document each employee's 
needs, interests, and activities to enhance the 
work being done. The development or per- 
formance improvement plan provides a spe- 
cific course of action to be taken to improve 
the employee's performance or to document 
the growth opportunities in which the em- 
ployee is participating. The dev e lopm e nt 

alone a« a separate part ef t4*e performance 
appraisal. The ttse ef tim component is Fe- 
commondod, btri- optional HB4tlfely4-r 1991. 
iVft e r Adt- dat e , its use shall be mandatory. 

Education/Training Program. The State 
Personnel Commission recognizes the need 
for a comprehensive training component fof 
within agencies to implement a fair and 
consistent performance management system. 
To be fair and beneficial to management and 
employees, all employees must have the 
skills and resulting practices to assure fair- 
ness and consistency. Agency management 
shall establish an information and perfonn 



5:23 NORTH CAROLINA REGISTER March I, 1 99 1 



1351 



PROPOSED RULES 



ano e management skills development pro- 
gram for employees, managers and 
supervisors respectively. The Stato Poroon 
fiei- Diruotor Office of State Personnel will 
develop and issue guidelmes that manage- 
ment can use in their program. Consulta- 
tion and technical assistance will also be 
pro\ided. 

(7) Performance Pay Dispute Resolution Pro- 
cedure. Each department, agency, and m- 
stitution shall have a procedure for reviewing 
and resolving disputes of employees con- 
cerning performance ratings and or per- 
formance pay decisions. Such a procedure 
may be incorporated as part of an existing 
grievance procedure, or it may be separately 
administered. For policy requirements and 
guidelines on such procedures, see 25 
NCAC IJ .0901 - .0903. 

(S) Performance Management and Pay Ad\i- 
sor\' Committee, h'ach department, agency 
and institution shall establish a Performance 
Management :md Pay Advisory Committee 
as part of its performance management sys- 
tem. 

Statutory Authority G.S. 1 21-5: 126-4; 126-7. 

.0203 REL.4TIONSHIP/PFRFORMANCE 

MGMT/OTHER HUMAN RESOURCES 
SYSTEMS 

(a) Performance management is an Integral part 
of the overall total management of an organiza- 
tion. Information obtained during the Perform- 
ance Management Process about individual 
employees or from specific units of the organiza- 
tion shall be a consideration in making other 
personnel management decisions. In fact, con- 
nections with other systems indicate how effec- 
tive the performance management system is. 
The design of the job is the basis for job analysis 
which determines the content of the performance 
appraisal. From an organizational perspective, 
information obtained from performance ap- 
praisals must influence selection, staffmg, disci- 
pline, training, and development. 

(b) Performance appraisal information is one 
consideration in making other personnel deci- 
sions such as promotions, reductions in force, 
performance salary increases, and all 
pcribrmimce-bascd disciplinan,' actions. b» ewe 
Bf more anpocto ef th* V i ork plan, perform anoo 
oalan . " incroaoos, aft4 roductionr . m foroo. Since 
the work plan does may not cover 4-90 percent 
e4' A<* jofe^ represent all of the 
responsibilities results and behaviors skills 
needed to do the job, disciplinary action taken 
must be noted on the work plan as it occurs and 



considered in the overall summary rating, fe is 
Uf i oful ift comparing omployooo' perform a ftes a* 
required » thooo d e oisions. Personnel p>olicies 
dealing with these actions also require consider- 
ation of other vanablep; information; therefore, 
performance appraisals alone can not dictate de- 
termine such decisions. 

(c) In order to achieve internal consistency in 
personnel administration, agencies shall adopt 
procedures which meet the following require- 
ments: 

(1) A current (within the past 12 months) 
Performance Appraisal Summary shall be 
on file for an employee before any of the 
persormel actions Listed in Paragraph (b) 
of this Rule can be effected. 

(2) Any proposed personnel action as men- 
tioned in this Rule shall be consistent with 
the overall rating of the employee's per- 
formance. 

(3) In cases in which the recommended per- 
sonnel action appears inconsistent with 
the current overall rating, a written justi- 
fication shall accompany the recommen- 
dation. 

(d) In order to ensure that all employees have 
the opportunity to qualify for performance pay 
increase, agencies shall adhere to the following: 

(1) Probationap,' employees shall have a po- 
sition description and work plan estab- 
lished within ^ 60 to 90 calendar days of 
date of employment and an appraisal 
completed at the end of the Agency's 
work cycle. A review shall be completed 
before an employee can be moved into 
permanent status in accordance with 25 
NCAC IC .0404. 

(2) Employees whose responsibilities and du- 
ties are changed either within their current 
position or by transfer (lateral, promotion, 
or demotion) shall have a new position 
description and work plan established 
within 30 days of the new assignment. 

(3) Aft appraisal r e view A Performance Ap- 

praisal Summary' Transfer Form shall be 
completed with employees who transfer 
within state govenmient, prior to their last 
day of work. The Work Plan and P«^ 
formano i * Appraisal Summary Summary 
Transfer Form must be placed m the em- 
ployee's personnel file and sent to the re- 
ceiving unit. The employee, supervisor, 
and the supervisor's manager shall date 
and sign the form. 



all of the (4) 



When the transferred employee arrives in 
the new unit, the supervisor may consider 
the level of documented performance in 
appraisal from the previous unit along 



1^52 



5:23 iXORTH CAROLINA REGISTER March 1, 1991 



PROPOSED RULES 



with the current overall performance rat- 
ing in determining the time and amount 
of a performance salary increase. 
(5) Every employee in a trainee progression 
must have a work plan within ^ 60 to 90 
calendar days of employment. This plan 
helps to guide the employee in reaching 
requirements for the full classification. A 
review shall be completed before each 
salary increase in granted within the 
progression, 
(e) To provide continuity and consistency in 
treatment when a supervisor changes or an em- 
ployee terminates employment, agencies must 
assure that when a supervisor is leaving a unit, 
the next level manager and the supervisor shall 
agree on each employee's progress towards his 
work plans and document this. 

Statutory Authority G.S. 126-4; 126-7. 

SECTION .0300 - PERFORMANCE 
iVlANAGEMENT SYSTEM: GUIDELINES 

.0303 THE PERFORMANCE MANAGEMENT 
PROCESS 

(a) 1 he Performance Management process is 
cyclical in nature because one step in the process 
continuously leads to the next. The three stages 
deemed critical in managing performance in the 
broad organizational context are: 

(1) EstabUshing and Communicating Organ- 
izational Goals. Under G.S. 143A-17and 
G.S. 143B- 10(h), each department, 
agency, and institution is required to 
complete an aimual plan of work. This 
plan should contain the organization's 
goals. After communicating them 
throughout the organization, these goals 
should set the direction of the organiza- 
tion and of the individual work plans for 
employees. 

(2) Monitoring Progress toward these Goals. 
Throughout the work period, manage- 
ment should continually monitor progress 
toward these goals through its employees' 
work performance. If sufficient progress 
has not been made or cannot be made, the 
goals may need to be revised and/or redi- 
rected based on the feedback received. 

(3) Evaluating Organizational Goals. At the 
end of the work period, management must 
decide if the organizational goals were met 
based on whether or not employees per- 
formance met expectations. After outputs 
have been determined, management uses 
information obtained from throughout 
the organization to determine their ac- 



countability to the pubUc, funding 
sources, and to the employees who did the 
work. After recognizing team effort, the 
cycle then begins again for the next year. 

(b) The Office of State Persormel is not re- 
sponsible for implementing or monitoring this 
process. 

(c) Use of the three step part process for man- 
aging the performance of all employees, supervi- 
sors, and managers is crucial for sound 
employee-supervisor working relationships. The 
process of apnroisal managing performance must 
be rogular i±r4 ongoing; supervisors must not 
wait until the interim or appraisal reviews to de 
i*T praise or correct deficiencies. There are twe 
three techniques which all supervisors and man- 
agers must use throughout the entire cycle. 
These techniques sa% mod e ling as4 coaching, 
' I ' i 'hich inoludoo roinforcing. for managing per- 
formance are tracking, coaching and reinforcing. 

(1) Mod e ling is domon t itrating doiiirod boha' i ior 

which should be imitatod. It- i* crucial 
that positivo, sound managomont tooh 
niques be praoticod ovory tfeyr Tracking 
is the process of referring to sources that 
document an employee's performance 
throughout the cycle. The supervisor is 
responsible for monitoring the employee's 
performance at the agreed-upon times us- 
ing self-reports, third party reports, obser- 
vations and other sources that indicate 
how an employee is performing. Infor- 
mation on the achievement of expecta- 
tions as well as on how the expectations 
were accomplished by the use of Dimen- 
sions or behaviors/skills is included in the 
supen.'isor's tracking. The information 
revealed through the tracking sources is 
used in applying coaching and reinforcing 
techniques. 

(2) Coaching involvoo the informal jeb- 
orianted conversations that supor i 'isors 

the work is progroooing. Th e y age usually 
pooitivo m naturo with omphasis e» 
toaohing ef training the omployoo. Spo 
6*6e advico FHay be given, b«t the objoc 
ttve ift te impro' i ' e the employe e 's job- 
perform a fiee as aft individual aft4 as a 
toom member. Coaching is a way ef 
moving omployoos toward sew ar e as ©f 
Qxperionoe, Hew demands fof efcili d e v e l 
opmont, aft4 Hew application ©f ingenuity 
aH4 problem solving. Coaching is based 
©ft obson'ation ©f the e mployee's pei^ 
form onc e . The key t© e ffective coaching 
is hiindling problem situations without 
causing resentment. Coaching refers to 



5:2i NORTH CAROLINA REGISTER March I, 1991 



1353 



PROPOSED RULES 



the informal discussions in which the 
supen'isor instructs, directs or prompts 
the employee to improve performance for 
an expectation. The super\'isor provides 
the feedback and models the behaviors or 
skills needed to improve performance 
when appropriate. Coaching is one of the 
logical wavs that super\isors carry out 
their responsibilitv to develop employees. 
(3) Reinforcing is another powerful manage- 
ment technique. I'he emphasis is on 
providing praise to maintarn the "Good" 
level of perform ance or to improve per- 
formance. Because reinforcement fulfills 
a basic human need to be recognized 
positively, this technique becomes a crit- 
ical tool to use in helping an employee 
continue skills or beha\iors that are suc- 
cessful. 

(d) Beginnmg with st^fi part one. "Dotorminin.g 
Performanc e Expoctationi' i ". "Planning," the 
supervisor is responsible for assurmg that expec- 
tations for all jobs within his pur\'iew are con- 
sistent and equitable. The supervisor's manager 
must see that the expectations for similar jobs 
across all units reporting to him are consistent 
and equitable. 

(e) The performance management process is a 
two-way system. Vital information must flow 
back and forth between the supen'isor and em- 
ployee. Employees have an active role. They 
must be prepared for the three meetings with 
management. They should gather information 
related to their past performance including spe- 
cific data on activities and accomplishments. It 
is the employee's responsibility to tell the super- 
visor if expectations seem inappropriate and the 
reasons why. .After expectations are negotiated 
and the work plan is in place, employees must 
also keep supervisors informed as changes occur 
in case expectations can not be met as planned. 

(f) The interim review is a minimum require- 
ment. To be most etTective, supervisors and 
managers need to be ooachmg »ft4 pro' i iding 
foodback tracking performance as well as coach- 
ing and reinforcmg throughout the process. If 
an emploN ee is not progressing as expected at the 
interim re%'iew, the super\'isor should meet with 
that employee at least once more before the fmal 
appraisal to discuss progress toward impro\ed 
performance to the "Good" level. This meeting 
fuLfdls one of the primars' purposes of perform- 
ance management, which is to help employees to 
be successful. Q«^ t+f tfee purpof i eo »f tfei* LAT . tom 
» te- help omployuoo be f ^ uccoooful. 

Statuton Authority G.S. 126-4; 126-7; I43A-17; 
l43B-l6(h). 



.0304 COMPONENTS OF ,\N OPER.\TIVE 
SYSTEM 

(a) Agency-Specific Policy. To simply adopt 
the provisions of the state's policy is unaccepta- 
ble. Since the policy must be agency- specific, 
additional management considerations in defm- 
ing the policy are what they want to accomplish; 
how they will implement, monitor, and evaluate 
their system; the process and procedures that 
need be established to make the system effective 
for their organization; appropriate methods of 
appraisal to be used for various jobs; and the 
education training needed by employees, super- 
visors and managers to implement all of this 
Paragraph. 

(1) Agency management is expected to hold 
managers and super\isors responsible for 
carrying out the Performance Manage- 
ment Process fairly and equitably. Sanc- 
tions and or defmite consequences must 
be clearly understood and must then oc- 
cur as stated in the agency's policy. 

(2) Performance management is a kw major 
responsibility for supervisors and manag- 
ers. This shall be one of the responsibil- 
ities included on every supervisor's and 
even.' manager's work plan. The expec- 
tations for performance management at 
all levels of management should be de- 
fined in the department, agency, or insti- 
tution's poUcy. 

(3) Examples of sanctions which could be 
levied are; 

(A) Automatic denial of any performance 
salary increase if tfee oupop i icor's for a 
supcr\'isor who recei\'es a less than 
"Good" rating on tfee performance man- 
agement factor dooo aet moot roquiro 
monto even if all other p e rform Q fige 
o.'icood ' ; . roquiromonto at- tfee highcot lovol; 
ratings are at or above the "Good" level; 

(B) Issuance of appropriate discipLinaiy" 
warnings, up to and including dismissal, 
for failure to carry out the performance 
management process in accordance with 
agency policy; 

(C) Automatic transfer demotion of a 
manager following a second warning for 
failure to cany out performance manage- 
ment policy or to see that subordinate 
supervisors carry out the responsibility in 
accordance with policy. 

The intent behind these sanctions is that no 
employee should be penalized or excluded 
from consideration for a performance o alary 
increase because a sup>er\ isor or manager has 



1554 



5:25 NORTH CAROLINA REGISTER March I. 1 99 1 



PROPOSED RULES 



not done his job in managing the Perform- 
ance Management Process, 
(b) Individualized Work Plans. The policy 
(See 25 NCAC 10 .0101, .0201 - .0206) states 
that every employee shall have a work plan 
which specifies what each employee does fre- 
Gponoibilities aft4 duties) (responsibilities 'results) 
and how it is performed Datiofaotorily (oxpocta 
tions). (Dimensions or behaviors/skills). The 
following explains these two in detail. 

(1) Significant Rooponoibilities afi4 Duti e s. 
Responsibilities Results. In order for an 
employee to perform satisfactorily, at the 
"Good" level or above, he must have a 
description of the entire job he is to do. 
The various responsibilities and duties in 
a job are listed in the position description. 
This position description should be used 
as a basis for selecting the rooponsibilitioo 
responsibilities/results listed in the work 
plan. The ones selected should cover 
60 70 poroont 80 percent or more of the 
job being done. AU would may not be 
used because they may not be significant 
enough to warrant the time required for 
measuring performance. Listing only one 
or two rosponoibilitios 

responsibilities 'results is unacceptable be- 
cause it does not cover the job being 
done. 

(A) Responsibilities include the ongoing 
aspects of the employee's job that con- 
tinue from one cycle to the next and the 
one-time goals and or special projects for 
that cycle, it- i* important te capturo the 
actual work being don e . 

(B) Performance expectations must be es- 
tablished for each responsibility and or 
duty, responsibihtv result. To be con- 
sidered substantive at the "mooto r e quir e 
monts" "Good" level, performance 
expectations must be measured by one or 
more indicators. Indicators used to clarify 
aspects of the responsibilities being meas- 
ured are quality, quantity, timeliness, 
manner »f performance, and cost, offoc 
tivon e ss, »fi4 resources. Performance ex- 
pectations must measure behavioral 
aspects of the job as well as the product 
or result. 

(C) It is the immediate supervisor's re- 
sponsibility to determine performance ex- 
pectations with the next level manager's 
approval. The supervisor shall involve 
the employee in the process, but retains 
final authority, with the approval of the 
manager, for approving the expectations. 



(2) Determination of the performance expec- 
tations requires a mutual understanding 
of: 

(A) primary responsibilities and duties or 
projects; 

(B) relationship of the responsibilities to the 
goals of the work unit and the Agency; 

(C) the relative importance priority order 
of the employees responsibihties and du- 
ties listed in relation to each other; 

(D) what the indicators tracking sources for 
measuring performance at "meets f»- 
quirements" the "Good" level are as well 
as what and how information will be col- 
lected and used; 

(E) how information will be reviewed 
throughout the cvcle and formally ap- 
praised at the end of the work period. 
cycle. 

(3) Pertbrmance expectations must be estab- 
lished or updated at least annually. Per- 
formance expectations for ongoing 
responsibilities may remain constant from 
year to year, but they should be reviewed 

IW V V,l Hy TTTTTT I IT V T LU. \J I ll\J DUl 1 1\J U I IIU ? 7 

changed, whether thev have changed or 
remained the same. 
f4) Standards. Agency management should 
analyz e ih» jobs ta ih» organization te- 
determine tfee appropriate methods fof 
establishing expectations fef similar jobs 
across the organization. Standards fof 
groups ef employees with tbe same ef 
similar responsibilitieQ may b» developed 
through a group process. Standards afe 
tfee e xpectations written each level »f tfee 
approved rating scale. Formal standards 
are preferable fof groups »f positions 
\' i 'hich hav e tb# same responsibilities aft4 
duti e s se that- ali employees a?© appraised 
m a consistent manner. Different super 
visors, super i 'iLiing the sam e typ e s &f jobs, 

employees using t4*e sam e criteria. 

(4) Additional E' i 'aluation Methods, t^ »f 
a Itst- &f performance factors thrit manage 
ment deems necessary fof certain catogo 
ries ©f jefe* such a* houoekoeping Bf 

r e quired work plan. A perfonnanco factor 
oh e cldist i« set- aft acceptable r e placement 
fef a work plan. The following guid e lin e s 
should be followed: 

(A) Obtain approval from Stat e Personnel 
t» proceed with this process. 

(-8^ i ' Vnalyz e jobs t» br e ak them iftte- spe- 
eifie functions aft4 ke¥ elements. Dem 



5:23 NORTH CAROLINA REGISTER March I, 1 991 



1355 



PROPOSED RULES 



onotrato similariti e s 

groupings. 
f^ Woigh tbe importance ef e ach 
f©f Do' i elop olomonto ttiat- afe expr e ss e d » 

objectiv e , measurabl e t e rms. 
(6^ Specify i^ l e sel »f performance noces 

saf¥ to- achiev e a particular rating fof each 

function. 
(-P-^ 4~se separate olomonts fof each jefe eat- 

ogopy. k e ying elements to th« specific fee- 

ha' . -iors »«■ vrhich assosomont &f 

performanc e » based. 
fGh) Train raters i» tfe« hs© ef the rating 

Performanc e factor rating scales wiJi hav e to 

fe>e individualiiL e d to- reflect th<? spectfic group 

»f jobs being analy.'.ed. Documentation 

should ake b« provided fof specific pef- 

formonc e date such as critical incidents Aat- 

support A^ ratings. 

(c) O' .e rall North Carolina Rating Scale. The 

North Carohna Overall N.C. Rating Scale has 

been estabUshed to provide consistency in the 

Performance Management Process throughout 

State Government. iVlthough Ai* policy i* ef- 

fecti' i o JimuaP r' 4-7 1990, agencies hav e until h^ 

4_ 4-00-). to implem e nt tfee r«w scale. Perform 

anc e increas e s are limit e d to thos e employees 

whose perform a ftee exceeds r e quirements. i» 

order t© determin e tiie agency's cours e &f action 

to^vard implementing 4» ftew scal e , management 

may want te consider tbe foUo' . ' . ing factors: 

(-H Length ef tim e curr e nt appraisal syst e m 

aftd rating scale hav e been ift plac e aB4 tbe 

amount ef r e sistanc e e xp e cted; 

ExperionC ' O aft4 skili ©f managers aft4 
supon i' isors i» wnting peribrma ft<ge oxpec 
tations Aat clearly distinguish lesels »f 
performance; 

?4*e numb e rs &f employees comprising ^^ 
organiijation aad their locations; 
Numb e r b^ different jobs; 

Pi^elationship e4' measurement scal e 
changes to other improv e m e nt plans, 
goals, afi4 activities insfohed m implo 



fof j&fe cot e goryf cvcle. The Summary statement supports the 



^ 



^ 

^ 

^ 



menting t4*e perform a ft€« management 
syst e m; 
f6^ Tim e aftd etlort required to communicate 

information afid train to ali employees; (2) 

pf Training required to buUd s lolls oi man 
agers aft4 supenioors i» writing e xpecta 
tions using Ae aew scal e . 
(d) Performance Appraisal Summary. Man- 
agement may choose to provide space on the 
Summarv' for employees to evaluate themselves 
or comment on the supervisor's evaluation. The 
poUcy also requires that a Summary- statement (f) 

be recorded on the work plan a[ the end of the performance management system witt have has 



overall summary rating and reflects the ratings 
based on actual results. Specific examples that 
highli.ght outstanding accomplishments, distin- 
guished performance and areas of development 
should be included. The Summary statement 
should be wntten carefully so that it is a bal- 
anced, fair representation of the employee's per- 
formance for the cycle. Since performance 
appraisal is a sensitive situation for employees, 
top management should adopt procedures to en- 
sure that appraisals are kept confidential. Em- 
ployees deserve to know how the Summary is 
processed when completed, the safeguards taken 
to Insure privacy, and location of the p>ermanent 
file. Since the overall perform a aee Summary 
rating must be consistent with other personnel 
actions, the Agency's procedures should address 
who has access to this information and under 
vshat circumstances. 

(e) Development or Performance Improvement 
Plan. The knowledge and skills addressed in the 
work plan are directed to strengthening these 
areas to either correct deficiencies or to help 
maintain and enhance the employee's perform- 
ance. Therefore, an employee's first de\'elop- 
ment plan should be included in his work plan 
while in probationary' status. Supervisors assess 
the employee's development level in relation to 
assigned responsibilities when estabhshing work 
plans and continue to assess progress throughout 
the cycle. Development activities must be 
planned when the work plan is established and or 
revised during the cycle as needed. 

(1) The Development and Improvement Plan 
should specify the steps the employee 
must take to gain the knowledge or skill, 
and must clearly indicate what steps the 
supervisor wiU take to ensure that the 
employee acquires that knowledge and 
skills. The expected results have to be 
specified before the activity begins so that 
both the employee and supervisor under- 
stand and agree what knowledge and, or 
skill is to be gained and how it is applied 
after training. Timeframes for completion 
and demonstrated improvement should 
also be set. 
Growth opportunities to enhance their 
performance in the current job and en- 
courage employees to meet their fullest 
potential shall be offered to each em- 
ployee. Employees may elect not to par- 
ticipate in this type of development, but 
should be encouraged because of the ben- 
efits to the employee and the organization. 
Education Training. To be successful, a 



li56 



5:2i NORTH CAROLINA REGISTER March 1, 1991 



PROPOSED RULES 



to include training. Employees need to under- 
stand what the process is, what to expect and 
how they fit in. Supervisors must be skilled in 
Ae coaching, modeling, and int e raction proo e fis. 
reinforcing techniques. Finally, the character- 
istics of a performance management training 
program and the competencies for those provid- 
ing information and training are very important 
in providing the skills roquLr e . required. 

(g) Performance Pay Dispute Resolution Pro- 
cedure. Each agency, institution or university 
shall have, either as a component of an existing 
internal grievance procedure or as a separate 
procedure, a process to address complaints of 
employees regarding performance-based pay de- 
cisions. For more detailed requirements and 



guidelines for such procedures, see 25 NCAC IJ 
.0901 - .0903. 

(h) Each agency and university shall establish 
and continue iji operation a performance man- 
agement and pay advisory committee as required 
by G.S. 126-7(c)(7a). 

Statutory Authority G.S. 126-4; 126-7; 
1 26-7 (c) (7a). 

.0305 OPTIONAL COURSES OF ACTION 
BETWEEN 1989 AND JULY 1, 1991 
(REPEALED) 

Statutory Authority G.S. 126-4; 126-7. 



5:23 NORTH CAROLINA REGISTER March I, 1 99 1 



1357 



ARRC OBJECTIONS 



1 he Administrative Rules Re\iew Commission (ARRC) objected to the following rules in accord- 
ance with G.S. l43B-30.2(c). State agencies are required to respond to ARRC as provided in G.S. 
143B-30.2(d). 



ECONOMIC AND COMMLAI TV DEVFXOPMENT 

Hazardous Waste Management Commission 

4 \CAC 18 .0309 - Final Site 

ENMRONMENT, HEALTH, AND NATURAL RESOURCES 

Adult Health 

/5A NCAC 16A .0804 - Financial Eligibility 

ISA NCAC I6A .0806 - Billing the HIV Health Sen-ices Program 

Coastal Management 

ISA NCAC yj .0409 - Civil Penalties 
ISA NCAC 7 J .1109 - Permit Fee 

Environmental Health 

ISA NCAC I8C .0102 - Definitions 

ISA NCA C I8C . IS32 - Variances and Exemptions 

ISA NC.4C I8C .IS34 - Max Contaminant Levels for Coliform Bacteria 

ISA NCAC ISC .2001 - General Requirements 

ISA NCAC ISC .2002 - Disinfection 

ISA NCAC ISC .2003 - Filtration 

ISA NCAC ISC .2004 - Analytical and Monitoring Requirements 

ISA NCAC ISC .200S - Criteria for Avoiding Filtration 

M;mne Fisheries 

ISA NCAC 3C .0311 - Cancellation 

.Agency Revised Rule 
ISA NCAC 30 .0203 - Shellfish Lease Application Processing 

.Agency Re\-ised Rule 

Wildlife Resources Commission 

ISA NCAC I OH .0302 ■ .Minimum Standards 
Agency Re\-ised Rule 



ARRC Objection I ■ 18,91 



ARRC Objection F 18/91 
ARRC Objection 1,18,91 



ARRC Objection 1.18 91 
ARRC Objection F 18/91 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



10,18,90 
I Oi 18/90 

10 18:90 

lO: 18:90 
I O: 18:90 
10,18,90 
I0IJ8I90 
10! 18190 



ARRC Objection 9:20/90 
ObJ. Removed 10/18/90 
ARRC Objection 816:90 
Obj. Removed 9/ 20/90 



ARRC Objection 9:20/90 
Obj. Removed IO'lS/90 



I35S 



5:23 NORTH CAROLINA REGISTER March I, 1991 



ARRC OBJECTIONS 



ARRC Objection U 1/4/90 



ARRC Objection 
ARRC Objection 
ARRC Objection 
ARRC Objection 
ARRC Objection 
ARRC Objection 



II1SI9I 
IIIS191 
1 1 1819 1 
1118191 
11 114190 
11114190 



ARRC Objection 12120190 
Obj. Removed Ij 18191 



HUMAN RESOURCES 

Facility Services 

10 NCAC 3V .0303 - Insurance Required 

Individual and Family Support 

10 NCAC 42B .1201 - Personnel Requirements 

10 NCAC42C .2001 - Qualifications of Administrator 

10 NCAC 42C .2002 - Qualifications of Supervisor-in-Charge 

10 NCAC 42C .2006 - Qualifications of Activities Coordinator 

10 NCAC 42C .3301 - Existing Building 

10 NCAC 42D .1401 - Qualifications of Administrator/ Co- Administrator 

INSURANCE 

Life: Accident and Health Division 

11 NCAC 12 .0904 - Requirements for Utilization Review 
Agency Revised Rule 

LICENSING BOARDS AND COMMISSIONS 

Medical Examiners 

21 NCAC 32M .0007 - Termination ofNP Approval 

Nursing, Board of 

21 NCAC 36 .0217 - Revocation. Susperuion, or Denial of License 

No Response from Agency 
21 NCAC 36 .0504 - Certificate of Registration 
21 NCAC 36 .0505 - General and Administrative Provisions 
21 NCAC 36 .0507 - Fees 

Physical Therapy 

21 NCAC 48C .0102 - Responsibilities 

Agency Returned Rule Unchanged 
21 NCAC 48C .0501 - Exemption for Students 

Agency Returned Rule Unchanged 

Plumbing and Heating Contractors 

21 NCAC 50 .1203 - Disposition of Petitions 
21 NCAC 50 .1207 - Request to Participate 

SECRETARY OF STATE 

Securities Division 

18 NCAC 6 .1210 - Securities ExchgsjAutod Quot. Sys. Approved! Admin ARRC Objection I2i20'90 
Agency Responded to Objection No Action 1 , 18191 



ARRC Objection 1 1114190 



ARRC Objection 12/20190 
1/18/91 
ARRC Objection 1/18/91 
ARRC Objection 1/18191 
ARRC Objection 1/18/91 



ARRC Objection 9/20/90 

No Action 10/18/90 

ARRC Objection 9/20/90 

No Action 10/18/90 



ARRC Objection 11! 14190 
ARRC Objection 11/14/90 



5:23 NORTH CAROLINA REGISTER March 1, 1991 



1359 



ARRC OBJECTIONS 



STATE PERSOVSEL 



25 XCAC IB .0107 - Personnel Commission Meetings 

25 NCAC IB .0108 - Commission Staff 

25 NCAC IB .0/09 - Commission Actions 

25 NCAC IB .0110 - Motions 

25 NCAC IB .0111 - Voting 

25 NCAC IB .0112 - Abstention 

25 NCAC IB .0113 - Duties of the Chairman 

25 NCAC IB .0114 - Order of Business 

25 NCAC IB .0115 - Special Meetings 

25 NCAC IB .0116 - Duties of Chairman Betv.-een Meetings of the Comm 

25 NCAC IB .0117 - Standing; Special Committees 

25 NCAC IB .01 IS - Minutes 

25 NCAC IB .01 19 - Notice of Commission Action 

25 NC.4C IB .0120 - .Appointment of Vice- Chairman 

Agency Withdrew Rules .0107 - .0120 
25 NCAC ID .0509 - Severance Salary Continuation 
25 NCAC IL .0201 - Purpose 
25 NCAC IL .0202 - Policy 

Agency Withdrew Rules .0201 - .0202 



ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 
ARRC 



Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 
Objection 



9/20190 
9120190 
9/20190 
9/20190 
9/20/90 
9/20/90 
9/20/90 
9/20/90 
9/20190 
9/20/90 
9/20/90 
9/20/90 
9/20/90 
9/20190 
10:18190 



ARRC Objection I / 18/91 

ARRC Objection 9/20/90 

ARRC Objection 9/20/ 90 

10/18/90 



1360 



5:23 NORTH CAROLINA REGISTER March I, 1991 



RULES INVALIDATED BY JUDICIAL DECISION 



1 his Section of the Register lists the recent decisions issued by the North Carolina Supreme Court, 
Court of Appeals, Superior Court (when available), and the Office of Administrative Hearings which 
invalidate a rule in the North Carolina Administrative Code. 



10 NCAC IB .0202(c) - REQUEST FOR DETERMINA TION 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in New Hanover Memorial Hospital, Inc., Petitioner v. N.C. 
Department of Human Resources, Division of Facility Services, Certificate of Need Section, Respondent 
(90 DHR 0792). 

W NCAC IB .0202(c) - REQUEST FOR DETERMINA TION 

Brenda B. Becton, Administrative law Judge with the Office of Administrative Hearings, declared Rule 
10 NCAC IB .0202(c) void as applied in High Point Regional Hospital, Inc., Petitioner v. Department 
of Human Resources, Division of Facility Services. Certificate of Need Section, Respondent (90 DHR 
0770). 

10 NCAC 3R .0317(g) - WITHDRAWAL OF A CERTIFICATE 

Robert Roosevelt Reilly, Jr., Administrative L^w Judge with the Office of Administrative Hearings, 
declared Rule 10 NCAC 3R .0317(g) void as applied in Daxi'n Health Care, a North Carolina General 
Partnership, Petitioner v. Department of Human Resources, Certificate of Need Section, Respondent (90 
DHR 0296). 

10 NCAC 3R .0317(g) - WITHDRAWAL OF CERTIFICA TE 

Michael Rivers Morgan, Administrative Law Judge with the Office of Administrative Hearings, de- 
clared Rule 10 NCAC 3R .0317(g) void as applied in Autumn Corporation, Petitioner v. N.C. Depart- 
ment of Human Resources. Division of Facility Services, Certificate of Need Section, Respondent (90 
DHR 0321 and 90 DHR 0318). 

10 NCAC 261 .0101 - PURPOSE: SCOPE/NOTICE OF CHANGE IN LEVEL OF CARE 

10 NCAC 261 .0102 - REQUESTS FOR RECONSIDERA TION AND RECIPIENT APPEALS 

10 NCAC 261 .0104 - FORMAL APPEALS 

Thomas R. West, Administrative Law Judge with the Office of Administrative Hearings, declared Rules 
10 NCAC 261 ,0101, 10 NCAC 261 .0102 and 10 NCAC 261 .0104 void as applied in Linda Allred, 
Petitioner v. North Carolina Department of Human Resources, Division of Medical Assistance, Re- 
spondent (90 DHR 0940). 

10 NCAC 42W .0003(c) - COUNTY DEPT OF SOCIAL SERVICES RESPONSIBILITIES 
10 NCAC 42 W .0005 - REPORTING CASES OF RAPE AND INCEST 

The North Carolina Court of Appeals, per Judge Robert F. Orr, declared Rules 10 NCAC 42W 
.0003(c) and 10 NCAC 42W .0005 void as applied m Rankin Whittington, Daniel C. Hudgins, Dr. Takey 
Crist, Dr. Gwendolyn Boyd and Planned Parenthood of Greater Charlotte, Inc., Plaintiffs v. The North 
Carolina Department of Human Resources, David Flaherty, in his capacity as Secretary of the North 
Carolina Department of Human Resources, The North Carolina Social Services Commission, and C. 
Barry McCartv, in his capacity as Chairperson of the North Carolina Social Services Commission, De- 
fendants [100 N.C. App. 603 (398 S.E.2d 40) (1990)). 



5:23 NORTH CAROLINA REGISTER March L 1991 1361 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code ^NCAC) has four major subdivisions of rules. Two 
of these, titles and chapters, are mandatory. The major subdivision of the XCAC is the title. 
Each major department in the North Carolina executive branch of government has been as- 
signed a title number. Titles are further broken down into chapters which shall be numerical 
in order. The other two. subchapters and sections are optional subdivisions to be used by 
agencies when appropriate. 

TITLE/MAJOR DIMSIONS OF THE NORTH CAROLINA AD.MINTSTRATrV'E CODE 



TTLE 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


1 


Administration 


Architecture 


2 


2 


Agriculture 


Auctioneers 


4 


3 


Auditor 


Barber Examiners 


6 


4 


Economic and Community 


Certified Public Accountant Examiners 


8 




Development 


Chiropractic Examiners 


10 


5 


Correction 


General Contractors 


12 


6 


Council of State 


Cosmetic /Vrt Examiners 


14 


7 


Cultural Resources 


Dental Examiners 


16 


8 


Elections 


Electrical Contractors 


18 


9 


Governor 


Foresters 


20 


10 


Human Resources 


Geologists 


21 


11 


Insurance 


Hearing Aid Dealers and Fitters 


22 


12 


Justice 


Landscape /\rchitects 


26 


13 


Labor 


I^andscape Contractors 


28 


14A 


Crime Control and Public Safety 


Marital & Family Therapy 


31 


15A 


Environment, Health, and Natural 


Medical Examiners 


32 




Resources 


Midwifer>- Joint Committee 


33 


16 


Public Education 


Mortuar>' Science 


34 


17 


Revenue 


Nursing 


36 


18 


Secretarv' of State 


Nursing Home Administrators 


37 


19A 


Transportation 


Occupational Therapists 


38 


20 


Treasurer 


Opticians 


40 


*21 


Occupational Licensing Boards 


Optometry' 


42 


22 


Administrative Procedures 


Osteopathic Examination and 


44 


23 


Community Colleges 


Registration 




24 


Independent Agencies 


Pharmacy 


46 


25 


State Personnel 


Physical Therapy Examiners 


48 


26 


Administrative Hearings 


Plumbing and Heating Contractors 


50 






Podiatrv' Examiners 


52 






Practicing Counselors 


53 






Practicing Psychologists 


54 






Professional Engineers and Land Sur\-eyors 56 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work 


63 






Speech and Language Pathologists and 


64 






Audiologists 








Veterinar.- Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



1362 



5:23 NORTH CAROLINA REGISTER March 1, 1 99 1 



CUMULA TIVE INDEX 



CUMULA TIVE INDEX 

(April 1990 - March 1991) 



1990 - 1991 



Pages 



AO - Administrative Order 

AG - Attorney General's Opinions 

C - Correction 

FR - Final Rule 

GS - General Statute 

JO - Judicial Orders or Decision 

M - Miscellaneous 

NP - Notice of Petitions 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 



Issue 



1 - 151 1 - April 

152 - 235 2 - April 

236 - 285 3 - May 

286 - 312 4 - May 

313 - 407 5 - June 

408 - 473 6 - June 

474 - 513 7 - July 

514 - 603 8 - July 

604 - 635 9 - August 

636 - 723 10 - August 

724 - 791 11 - September 

792 - 859 12 - September 

860 - 895 13 - October 

896 - 956 14 - October 

957 - 1009 15 - November 

1010 - 1059 16 - November 

1060 - 1106 17 - December 

1107 - 1176 18 - December 

1177 - 1214 19 - January 

1215 - 1244 20 - January 

1245 - 1302 21 - February 

1303 - 1322 22 - February 

1323 - 1366 23 - March 



ADMIMSTRATIOX 

Auxiliary Services, 860 PR, 1328 PR 
State Property and Construction, 41 1 

ADMIMSTRAXrV E HEARINGS 

Rules Division, 792 PR 



PR 



5:23 NORTH CAROLINA REGISTER March 1, 1 99 1 



1363 



CUMULA TIVE INDEX 



AGRICULTURE 

Markets, 737 PR 

Plant Consen'ation Board, 1 PR, 1303 PR 

Plant Industry, 739 PR, 1248 PR 

State Fair, 737 PR, 1248 PR 

Structural Pest Control Committee, 7 PR 

COMMUNITY COLLEGES 

Community Colleges, Department of, 1031 PR 

CORRECTION 

Division of Prisons, 762 FR, 867 PR, 938 FR, 1035 FR, 1274 FR 

CRIME CONTROL AND PUBLIC SAFETY 

State Highway Patrol, 53 PR, 804 PR 
Butner Public Safety Division, 419 PR 

ECONOMIC AND COMMUNITY DEVELOPMENT 

Bankmg Commission, 16 PR, 1062 PR, 1108 PR 
Community Assistance, 25 PR, 317 PR, 1110 PR 
Credit Union, 317 PR, 860 PR, 1251 PR 
Energy Division, 1013 PR 

Hazardous Waste Management, 742 PR, 1109 PR 
Milk Commission, 24 PR, 741 PR 

ENVIRONMENT, HEALTH, AND NATURAL RESOURCES 

Coastal Management, 136 PR, 292 PR, 707 PR, 979 PR, 1271 PR 

Environmental Management, 54 PR, 193 PR, 420 PR, 542 PR, 706 PR, 744 PR, 912 PR, 1019 PR, 

1121 PR, 1185 PR, 1329 PR 
Health Services, 190 PR, 565 PR, 816 PR, 860 PR, 1123 PR, 1188 PR 
Land Resources, 744 PR 
Marine Fisheries, 63 PR, 484 PR, 805 PR 
State Registrar, 1221 PR 

Wastewater Treatment Plant Operators Certification Commission, 551 PR 
Water Treatment Faciiitv Operators Board of Certification, 621 PR, 983 PR, 1272 PR 
Wildlife Resources and Water Safety, 137 PR, 206 PR, 293 PR, 349 PR, 438PR, 563 PR, 748 PR, 815 PR, 

924 PR, 1020 PR, 1074 PR, 1186 PR, 1220 PR, 1305 PR, 1334 PR 

FINAL DECISION LETIERS 

Voting Rights Act, 241, 286, 316, 605, 638, 792, 957, 1011, 1061, 1107,1246, 1327 

FESAL RULES 

List of Rules Codified, 143 FR, 226 FR, 302 FR, 463 FR, 587 FR, 710 FR,842 FR, 944 FR, 1047 FR, 
1166 FR, 1230 FR, 1308 FR 

GOVERNOR/LT. GOVERNOR 

Executive Orders, 236, 313, 408, 474, 514, 604, 636, 724, 896, 1010, 1060, 1245, 1326 

HUMAN RESOURCES 

Aging, Division of 704 PR 

Drus'Commission, 870 FR, 939 FR 

Faciiitv Ser\'ices, 516 PR, 702 PR, 958 PR, 1116 PR, 1216 PR, 1251 PR 

Health Services, 152 PR, 245 PR 

Medical Assistance, 191 PR, 911 PR, 1018 PR, 1328 PR 

Mental Health, Developmental Disabilities and Substance Abuse Services, 29 PR, 318 PR, 475 PR, 898 PR, 

1219 PR 
Services for the Blind, 412 PR 

Services for the Deaf and the Hard of Hearing, 1065 PR 
Social Services, 247 PR, 607 PR, 976 PR, 1262 PR 



1364 5:23 NORTH CAROLINA REGISTER March L 1991 



CUMULA TIVE INDEX 



Water Treatment Facility Operators Board of Certification, 27 PR 
Youth Services, 261 PR, 1268 PR 

INSURANCE 

Actuarial Services Division, 480 PR 

Admission Requirements, 1220 PR 

Agent Services Division, 321 PR, 520 PR 

Engineering and BuUding Codes, 793 PR 

Financial Evaluation Division, 342 PR, 525 PR 

Fire and Casualtv Division, 335 PR, 478 PR, 796 PR 

Life: Accident and Health, 264 PR, 287 PR, 529 PR, 798 PR 

Medical Database Commission, 1120 PR 

JUSTICE 

Attorney General, Office of the, 192 PR, 273 PR 

Criminal Justice Education and Training Standards Commission, 704 PR, 1178 PR 

Sheriffs' Standards Division, 608 PR 

LABOR 

Migrant Housing, 1303 PR 

LICENSING BOARDS 

Architecture, Board of, 1162 PR 

Auctioneers Commission, 1093 PR 

Certified Public Accountant Examiners, 983 PR 

Cosmetic Art Examiners, Board of, 355 PR, 708 PR, 927 PR, 1335 PR 

Dental Examiners, Board of, 1196 PR 

Electrical Contractors, Board of Examiners of, 356 PR 

Landscape Architects, Board of, 1273 PR 

Medical Examiners, Board of, 207 PR, 838 PR, 862 PR, 1222 PR, 1323 C 

Midwifery' Joint Committee, 994 PR 

Mortuar\' Science, Board of, 749 PR, 1337 PR 

Nursmg, Board of, 300 PR, 496 PR, 994 PR, 1096 PR, 1199 PR 

Nursing Home Administrators, Board of, 750 PR, 1203 PR 

Pharmacy, Board of, 1031 PR 

Physical Therapy Examiners, Board of, 443 PR 

Plumbing and Heating Contractors, Examiners, 621 PR, 1204 PR 

Practicing Psychologists, Board of, 755 PR 

Real Estate Commission, 625 PR, 863 PR, 1341 PR 

NOTICE 

OAH, Change of Address, 1215 

NOTICE OF PETITION 

Municipal Incorporation, 1177 

PUBLIC EDUCATION 

Elementary and Secondary', 141 PR, 275 PR, 351 PR, 1028 PR, 1160 PR, 1334 PR 

REVENUE 

Individual Income Tax, 359 FR, 1036 FR, 1277 FR 
Intangibles Tax Division, 1226 FR 
License and Excise Tax Division, 445 FR 
Sales and Use Tax, 213 FR, 453 FR, 872 FR 

SECRETARY OF STATE 

Corporations Division, 489 PR 

Securities Division, 293 PR, 495 PR, 927 PR, 1029 PR 



5:2i NORTH CAROLINA REGISTER March I, 1991 1365 



CUMULA TIVE INDEX 



STATE PERSONNEL 

State Personnel Commission, 277 PR, 500 PR, 756 PR, 996 PR, 1206 PR, 1347 PR 

STATE TREASURER 

Department Rules, 352 PR 

Local Government Commission, 352 PR, 442 PR, 1195 PR 

Solid Waste Management Capital Projects Financing Agency, 354 PR 

STATEMENTS OF ORGANIZATION 

Statements of Organization, 639 SO 

TRANSPORTATION 

Highways, Division of, 765 FR, 883 FR, 1038 FR, 

Motor Vehicles, Division of, 222 FR, 773 FR, 943 FR, 1290 FR 



1366 5:23 NORTH CAROLINA REGISTER March 1, 1 99 1 



NORTH CAROLINA ADMINISTRATIVE CODE 

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